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I am a victim of domestic violence, and have been charged by the state with 2nd degree assault with a deadly weapon

We fought over my keys my husband hit himself over his head trying to take keys. he ended up bleeding, and I ended up with a damaged hand and fingers, but the police saw him bleeding and without asking me anything, arrested me. He has been abusive over 8 years and there are police reports but I have never pressed charges because I didnt want him in jail. I want him to get mental help.
Now I have an order of protection against me and custody hearing on the 24th and criminal hearing that sma eday, and I dont know what to do. I have applied for a public defendent. I have no priors, not even a speeding ticket! I work fulltime and am a nursing student.
I want to reconcille with him and not give up on a 16 year marriage, but becuase of the orders, we cannot communicate. Please advice

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Attorney answers (3)

Contributor Level 13
You need to seek out an atty to handle all your cases ahead of time. Because you work, you may not qualify for a public defender.

Often the police arrest the easiest person w/no investigation. Your attorney will be able to manage all this.

Good Luck





Joseph A. Lo Piccolo, Esq.
Hession Bekoff & Lo Piccolo, LLP
President, Criminal Courts Bar Association of Nassau County
1103 Stewart Avenue, Suite 200
Garden City, NY 11530
(O) 516-408-3666
(F) 516-408-3833
Jlopiccolo@hbclaw.net

Sent from my Verizon Blackberry

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2 people marked this answer as good
Benjamin J Lieberman
Benjamin J Lieberman, licensed in New York and New Jersey
Stephen Nathan Doan
Stephen Nathan Doan, licensed in California

Contributor Level 11
With multiple incidents of domestic violence and 8 years of abuse, you should really seriously consider being divorced. Sounds like you have a very toxic relationship. Your situation is very serious and you need skilled legal representation. With a custody hearing coming up as well, your children are in a household that is not healthy for them. Ask the Court to appoint attorneys for them as well and for a forensic examination. There appear to be many, many issues at stake for which an attorney's assistance is crucial for your future.
2 people marked this answer as good
Benjamin J Lieberman
Benjamin J Lieberman, licensed in New York and New Jersey
Stephen Nathan Doan
Stephen Nathan Doan, licensed in California

Avvo Pro

Contributor Level 16
Obviously you need an attorney to help you through this difficult time. Since you did not report the incidents, the best thing you can do atthis point is spend your time thinking to corroborate his treatment of you in the past. Who did you tell? Were photos taken? Did you receive medical attention? Did you keep a diary? Any communication emails or letters between you and husband. These items will be imperative to defending your case and showing the DA that you were the victim here.

Richard Southard
212-385-8600
I am a former prosecutor with over 15 years experience specializing in criminal law cases.
All answers are for information purposes only. Answering this question or any future questions does not form any... more
2 people marked this answer as good
Benjamin J Lieberman
Benjamin J Lieberman, licensed in New York and New Jersey
Stephen Nathan Doan
Stephen Nathan Doan, licensed in California

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