I came home and found my wife with another man. I told the man to leave, he wouldn't ( he is taller then me) . I got a knife (never touched him or got close to him) and told him to leave again. He left and called the police on me. I am charged with felonious assault. What would be a great defense?
There's no blanket defense to any charge. Each defense will depend on the facts and circumstances of your specific case. Don't post details like this on a public forum where anyone can read it. It sounds like you may have some good arguments you could make to defend against these charges. Contact an attorney for a consultation where you can privately discuss the details of your case. Good luck to you.
I think the situation is sympathetic. I'd ask the prosecutor to put this in context when negotiating. Also, will this guy show up to testify at a preliminary exam under the circumstances? The prosecutor needs to consider that he might not want to testify about being with someone else's wife...may he is also married....?
Your best defense is to retain a very experienced criminal defense attorney. Factually, he will want to emphasize to the jury ( and prosecutor for plea negotiations) that you came home and found your wife (in bed??) with another man. You asked him to leave. He would not. Your attorney will want to explore if there are any self defense issues. When he said he would not leave, did he do anything that would cause a reasonable person to be in fear of imminent bodily harm? Your attorney may want to explore your intent issue with the dangerous weapon. Did you intend to scare him with the knife or use it to protect yourself, because you were in fear of him. Again, a good criminal defense attorney will want to ask these questions and obtain all police reports, statements, notes and audio/video recordings generated by this incident.
Please understand this is a general answer for the benefit and entertainment of the public and no attorney client... more
Please understand this is a general answer for the benefit and entertainment of the public and no attorney client relationship is established. Said attorney-client relationship with Answering Attorney is not established until and if a written engagement agreement is executed by all parties and an agreed upon retainer is tendered.
You should not post any facts of your criminal case in a public forum. In this situation, you are going to be best with hiring an experienced criminal attorney -- they can evaluate the entire situation for your defenses, such as self-defense, and try to emphasize the sympathetic nature of your case.
Michelle L Radloff 248-767-0239. The advice provided here is provided under the limitations of Avvo's terms of... more