Assault DV, Arizona -- How can we have these chargers dropped?

This is a discussion on Assault DV, Arizona -- How can we have these chargers dropped? within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; My husband and I got into a fight and he through my phone out the window, and I through his ...

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Old Aug 23rd, 2011, 04:14 PM   #1
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Default Assault DV, Arizona -- How can we have these chargers dropped?

My husband and I got into a fight and he through my phone out the window, and I through his phone out the window in reaction, as I well I hit him after he through my phone out the window when we reached home my daughter was home and i was upset that my husband hit me back and the police were called. My husband was arrested, after reading the police report today there are things in there that I did not say, it was stop fight that got out of hand. We have been married for 10 years and nothing like this has happened between us before. Now my husband has been charged with 13-1203a1, 13-602a1, 13-2915a3, and 12-2904a1 under Arizona laws. Now he is about to lose his job, how can we have these chargers dropped. Neither him or I have ever been in trouble and nothing has happened like this in the past. We really need help, not sure if we can afford any attorney as I lost my job almost 2years ago, and we are already in the middle of filing bankuracny. I dont want my husband to lose his job over both of being stupid. HELP please.
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Old Aug 23rd, 2011, 04:36 PM   #2
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Default re: Assault DV, Arizona -- How can we have these chargers dropped?

I wish to inform you that you may inform police as well as court that there are statements which are not made by you. Further, you may show that your fight was not violent and in this you may argue that the action of throwing cell phone and hitting were allowed by you and therefore your husband is not guilty of any offence. In this it is necessary that ingredients of the offence must be fulfilled for charging accused. Assault under Arizona Revised Statues 13-1203a1 specifically includes that act must be intentionally, knowingly or recklessly committed. You may show that there exists a mistake in the communication between police and your statement and hence your husband is falsely charged.

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Old Aug 23rd, 2011, 07:44 PM   #3
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Default re: Assault DV, Arizona -- How can we have these chargers dropped?

First, the police reports may not be introduced as evidence in court. The officers may testify, but if they were not present, everything in the report is hearsay.

You need to speak with his attorney -- and he MUST have one for these proceedings. The attorney may be able to get the charges dropped or an alternate sentence for anger management [maybe you both could use the classes] with no record if successfully completed.
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