Simple Assault And Court Behaviour-urgent Help Required

[Eddie]

On 12 Dec after coming from office at 6.30 P.M, I told my wife get ready and we will go out for dinner. She did not get ready and got upset. I was telling her again and again get ready we will go out for dinner .She unnecessarily got angry on me and picked up an argument and started speaking bad things for everybody in my family. Finally she said I am not getting ready and not going out for dinner. She said she will just go out for a while and get back home to do her kitchen work and take rest and she went out. When she rushed out she bumped in and hurt herself with the railing and stairs. My daughter went out behind her. My wife who was outside rushed and caught hold of our daughter and came inside.

When I saw her I told her that her mouth was bleeding and she should go and wash it and apply medicine. I repeatedly told her to go and wash her mouth but she did not listen and again picked up an argument and started telling that she will not get ready and not go out and started humiliating my family again .I tried to stop her and told her not to talk like this and apply some cream but she still did not listen to me. I slightly slapped her on her cheek and told her to wash her face and apply some medicine - do some first aid. I had never ever scolded her before this and the fact that I slapped her made me feel very bad that in frustration I slapped myself and scratched my face with my own hands. I was feeling very sad for her that her mouth was bleeding and she was not doing anything about it and also that I never even scold her but I don’t know why I lost my temper today.

I think the police was on patrol in front of our house and they knocked the door. My wife did not call the police. I opened the door and they ask? Is all OK? I said not, they came in. when they asked me what happened, I started weeping as I was feeling very bad, I told them I slapped her. When they asked my wife what happened she said I slipped on the stairs. She told them that I slightly slapped her. The did not pay heed to what my wife said .She went on telling it was her fault and that she started the argument  and I did not do anything but they did not listen to her. She told them not to take me away from house but they still locked me. She pleaded not to take me, she was not scared of me and wanted me to be with her but they did not listen to her.

Before they left my wife asked when I would come back and they told that he will be back in an hour’s time. They took me to station and I was there for 2 hours. When I did not come after one hour my wife called up the police station   twice to ask when I will come back. She was desperately waiting for me. They took my finger print etc and put me in lock for 2 hours or so. They gave me notice of simple assault under section- 2C:12-1A(1) and told that I need to go to court on Wednesday.

My questions:

Court hearing is on coming Wednesday,

Can we both go together or not?

Can my wife go there along with me and tell the real story to judge? What happens if probable cause not found?????

What happens if probable cause found??????

How can I prove my innocence????? This was an accident I did not do it????

What can be the punishment for this-fine/jail and to what extent, if judge does not understand?

Will my daughter also be dragged in the case –she is just 3 years old.

Will this affect my Green card processing?

please help me by answering my questions. I will be very thankful to you through out teh life. Thank you

Sunil Kumar

ANSWER: Hello,

>>>> Court hearing is on coming Wednesday. Can we both go together or not?

Yes, you can go together. My guess is that the state wants your wife to be their witness, so they'd want her to be there.

>>>> Can my wife go there along with me and tell the real story to judge? Yes, they will probably ask her what happened.

>>> What happens if probable cause not found?????

The charges will be dismissed.

>>> What happens if probable cause found??????

I am not sure. It depends on the laws of your state.

>>> How can I prove my innocence????? This was an accident I did not do it????

You should contact an attorney.

>>>> What can be the punishment for this-fine/jail and to what extent, if judge does not understand?

I am sorry. This is a question for an attorney.

>>> Will my daughter also be dragged in the case –she is just 3 years old.

Probably not. Children are usually shielded from court precedings.

>>> Will this affect my Green card processing?

I am not sure. It depends on the laws of your state.

Sincerely,

Laura Giles, MSW

---------- FOLLOW-UP ----------

Thank you very much for the expert and prompt answers. I just saw the mail and we are very grateful to you. We have some more questions come up, please oblige by answering them. Thank you again..

1.   My wife knows that she got hurted from stairs earlier before I lighly slapped her on cheek and she did not call the police and she is witness favoring me. We have the police as the prosecutor. Should I plead not to be guilty?

2.   when we plead not guilty and if we loose the case, is punishment more severe, we are in new jersey state?

3.   my court date is Wednesday , so if I decided to plead as no guilty then should I need to inform the court on Monday? If yes what statement(with regards to its content) should I file with the court.

4.    As I cannot afford lawyer. What steps I need to follow. Please advice.

[Keitaro]

>>>> 1. My wife knows that she got hurted from stairs earlier before I lighly slapped her on cheek and she did not call the police and she is witness favoring me. We have the police as the prosecutor. Should I plead not to be guilty?

Oh, that is not something I would presume to have the expertise to answer. This will depend on the local politics of your area and how judges typically respond to these types of charges. I would ask a local attorney about this one.

>>>> 2. when we plead not guilty and if we lose the case, is punishment more severe, we are in new jersey state?

I am not familiar with the laws of New Jersey. You need to speak to a New Jersey attorney.

>>>> 3. my court date is Wednesday , so if I decided to plead as no guilty then should I need to inform the court on Monday? If your charge is assault and battery, you will be offered an attorney if you cannot afford one. Anyone who faces jail time(and in VA assault and battery can land you in jail) is entitled to have one. You need to accept that offer and ask these questions of your attorney.

You also need to stop hitting your wife. That's illegal in this country and carries criminal punishments.

Laura Giles, MSW