My estranged husband is being charged with Criminal Mischief (145.00 damaged property), and Harassment 2nd Degree (240.26) which will be heard in IDV court on 9/22/11. An order of protection was also issued for myself and my daughter on July 12, 2011.
On August 16, 2011, my estranged husband violated that OOP by calling me, and is now being charged with Criminal Contempt 2nd Degree (215.50 (3).
He has a lenghty criminal history, which includes 7 DWI's, last conviction was 2002.
He was also arrested 6 times between June and August 2010 for a variety of crimes, including menacing a police officer, aggravated harassment, and attempted burglary, which he walked away from all of them with nothing more than a fine and a surcharge. He is a drug addict and alcoholic
and most of the above crimes were done while intoxicated. The Harassment 2nd degree is also for physical contact in which he grabbed me and threatened my life in front of our daughter. Will the ADA consider his long criminal history, the 6 arrests in 2010 ? What do you think the sentence will be ? Can I insist as the victim that he go to jail this time ?
The ADA or someone from the District Attorney's Office would be in the best position to advise you as to outcomes. If he is persistent in violation orders or he is otherwise a persistent felon, he will likely do time in prison. He may also get a program for his addictions.
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Criminal Defense Attorney
Courts treat violations of orders of protection very seriously so jail is likely (in the event he is convicted) given your husband's criminal history. You as a complainant have a right to express your desires about the outcome to the prosecutor, but the prosecutor does not have to follow your request. However, prosecutors generally give significant weight to the views of complainant's.
This communication does not constitute legal advice and is provided for informational purposes only as I am not your attorney and you are not my client. Should you wish to obtain legal advice, you may contact my office at (212) 689-4343. This is attorney advertising.