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 alcoholicand 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 ?