For the purposes of ICE issues a misdemeanor can be as deadly as a felony. What you and I think of an aggravated crime and what ICE considers to be aggravated are also two different things.
Dont do anything with the new charge until you speak with an attorney that is very knowledgable in immigration law and how criminal law and it impact each other.
Good luck on getting that type of attorney. Do it today!
There is a lot more information needed to answer this question. It is not the sort of thing you want to be discussing on the internet. Contact the lawyer that represents you. If you don't have an attorney yet hire one or contact the Publice Defenders to see if you qualify for an appointed attorney. Do it now!
If convicted of both charges the Burglary First Degree will carry 26 to 34 months; the assault second degree, if convicted of both counts carries between 12 months and one day to 14 months concurrently. This range assumes that there are no enhancements or aggravators filed.
You are not eligible for sentencing under the first time offender waiver due to the fact that both of these charges are "strike" offenses under the Persistent Offender Act (three strikes and you are out law).
Contact the Federal Public Defenders of Eastern Washington and Northern Idaho. They are located in Spokane. If you can meet the indigency requirements they can be appointed to represent you in Federal court.
I don't know what your previous experience has been with Public Defenders has been but the crew at Spokane County Public Defenders are hard working and appear in cour on this sort of case more than anyone else that practices criminal law. Discovery will be made to your PD and you can review it with them. Contact Spokane County Pretrial Services right away and see if you qualify for a PD.
You have posted an interesting question, but it is one that needs more information to answer. You have not indicated how these comments could have intimidated a witness in the case. If you provide more information you will probably get several responses.
I agree with the previous attorney that answered your question. My concern would be that has your husband was aware of her seizures and the recent surgery that not only is an exceptional sentence possible but that the prosecutor could add an "aggravating factor" for being exceptionally vulneralbe or that your husband was in a position of trust.
Although I agree with Mr. Poulson's answer about why a licensed attorney will normally be your best bet there is something that you can explore first Please bear in mind that when you represent yourself there is always seeing the outcome you "need" as being more important that the outcome that is based upon the facts of your case which is what will largely drive the outcome of your case.
Talk to the prosecutor about whether it is possible to do something called an In re Barr plea which is...
Both gentlemen gave you very good advice. Here is another piece of advice you should follow: don't post specifics on a site that can be publicly accessed. Law Enforcement and Prosecutors are well known for trolling the internet whether it is sites like this or Facebook. Contact a lawyer right away if you are going to hire your counsel or make an application to be appointed a Publice Defender; they handle matters like this all the time. Good luck.
Why are you asking the question here when you have paid good money to retain a lawyer?
In my experience when the offer comes depends a lot on the prosecutor who is handling the case. The fact that the alleged victim is, as you say, promiscuous, isn't a large factor as a jury will probably not be allowed to hear that information. Talk to you lawyer ass/he has acess to all the discovery material and not just what little information you have given us here. Also the issue of the alleged...