Home » LAW »» CRIMINAL LAW & PROCEDURE

Being charged with Aggravated Assult with a Firearm (CRIMINAL LAW & PROCEDURE)

Tue, 12 Apr 2005 20:17:00 GMT
Tags: aggravated, arrest, assult, background, bra, charged, criminal, firearm, floridabrgreetings, former, law, old, prior, procedure, record, state

What is the name of your state? Florida
Greetings all.
A little background about myself, I am 28 years old, have no prior arrest record, former U.S marine (veteran of operation Iraqui Freedom where I was an infantryman and was also awarded commendations throughout my career) and currently work for TSA (Transportation Security Agency, where I have also earned several commendations for excellent performance) and currently working on finishing a BS in Criminal Justice (the irony!).
Where do I start? my wife (married to her for 2 years) claims that I pointed a loaded firearm at her face and threatened to kill her, also claims I beat her that night. Facts are as follows and I will not sugarcoat it, I used to believe that whoerever got arrested was guilty by default. I guess life has an ironic way to show you things are not as they seem. I was separated from my wife for 3 weeks prior to the accusation because of her emotional state, suffice to say she verbally and sometimes physically assaulted me, I never called the police and told anyone out of shame ( a big marine getting beat up by a woman!?) and fear that she would not get her green card, which is in the process of getting, she has only been here for 5 years and is from Colombia so she has no idea what a serious charge could do to your life and also because I did not want to ruin her future as we have a 2 year old daughter and was planning in getting a divorce as soon as her papers came through. Now I have been suspended without pay from TSA, facing 3 years minimum and my whole entire life in shambles, everything that I have worked so hard to achieve destroyed because of someone who refused to let go. That night of the incident she went to my apartment to make my life hell as usual, I opened the door and she sat down, I told her to please leave and she refused even after I threatened to call the police, I then went inside my room to call my sister who has a good relationship with her so she could pick her up, we talked some more with her giving me grief about my so called relations with other women (!) I went inside my room for the second time to call my sister again, as I was doing that she got up and proceeded to SLAM the door real hard on her way out (something she always used to do whenever we had an argument), I ran out of my room to lock the door and then waited for my sister to arrive, my shock came after I opened the door and found 2 cops pointing their guns at me and claiming that I had pointed my gun at her and attacked her when in fact I was always at least 5 feet away from her from the moment she stepped in. My question is this, I actually WANT to go to trial to unmask her, it is VERY hard to maintain lies as most of us have found out the hard way in the past, but I am afraid that she being the excellent actress that she is and also because of all the animals out there beating their wives the jury will decide I am the monster and find me guilty of something that never even crossed my mind?
Also I will request she goes through a psycho test and I am willing to do the same. Second time I am fighting for my life and this time is something that could potentially destroy everything I have achieved and worked hard for. Sorry if I rambled too long but I guess I had the need to vent out a bit.

Comments (4) | Promote | Bookmark |

  • Leave a Comment Now.
  • Comments
  • Tue, 12 Apr 2005 21:12:00 GMT(1)

  • Quote:

    1) That I raped her!

    This is actually an easy thing to prove/disprove.
    A 'rape kit' is taken at the hospital when you claim rape. Whatever happened, they'll know. It goes as far as brushing through the women's pubes, swabbing the inside of her vagina, then plucking a few hairs for testing. If it really didn't happen, I wouldn't worry about her crying rape.
    As far as everything else goes, I know there is nothing I personally can say, although I'm not a lawyer. My advice to YOU is to GET a lawyer. There's too much here to sift through and it's a complete 'he said, she said' situation.
    Maybe someone else has more advice?
    I can only advise to get a lawyer and let them fight this out...again, too much 'he said, she said'.
    Good luck.
  • Tue, 12 Apr 2005 21:22:00 GMT(2)
  • My response:
    N_and - - pics received. So beautiful! And, the kid ain't bad either!
    IAAL
  • Tue, 12 Apr 2005 20:26:00 GMT(3)
  • Okay.
    From what I gather, you opened the door. She sat down. You called your sister, she slammed the door and left. A knock on the door... 2 cops with guns, insinuating you pointed a gun at her and threatened her, you were arrested , charged, and now want to know what to do.
    If I have that right, you need to elaborate. There's more to this.
    And, incidentally, a good friend of mine JUST came home from the marines(for good, served 6 years)...so, thanks for defending my country.
    Now please give some facts. Number them if you need, that's what I usually do.
  • Tue, 12 Apr 2005 21:04:00 GMT(4)
  • Thank you for answering, we had been separated for 3 weeks now, I offered to pay for an apartment for her and my daughter and told her we should work on trying to be friends because of our daughter but she has always refused...it is some type of obcession or selfishness in her part that she never accepted the fact that I did NOT want to spend the rest of my life with her.
    That night this is how it went.
    0100 Morning: I was playing a videogame just got back from school where I had a final. She throws a rock at my window which made a loud POP sound( kind of AK fire) that made me jump scared,I live in second floor, I looked down the balcony there she is with her mother, she tells me she is coming up, her mother stays downstairs. I initially refused to open the door but I forgot she had an extra key, she starts opening door so I open the door. She goes in and sats down in the couch, I tell her (exact words) " I do not want you here please leave" she refuses and tells me the woman (?) I must be with must be very good that I am forgetting about my family. I tell her to leave she tells me she has nowhere to go (lie) I offer to giver money to pay for a hotel room until we can find an apartment for her which I would pay for. Unknown to me she had just come from my mothers house where my mother and father offered her an efficency in the back of the house or even an apartment (my father owns some real state) and she REFUSED. As she was rambling about me being with other women (absurd! I barely have time for me and my daughter and it was never the reason why I left her) I went inside my room and called my sister. She tells me she is on her way, I go back to living room I tell her to leave she refuses, so I threaten to call the police she again refuses ,after a few minutes I go inside the room to call my sister again as I was doing that I heard a BOOM, she had slammed closed the door, I ran outside and locked it.
    0125: I heard loud knocking on the door, believeing it was my sister I opened it and I find 2 cops pointing their weapons at me. The proceeded to handcuff me and asked me where my gun was, I told them it was on a little desk right next to my bed. Thats where the officer told me she claims I POINTED the loaded weapon at her face and threatened to kill her and that also RAN AFTER HER after she left the apartment, he also mentioned that she had bruises (!) on her wrists, and she says I slammed shut the door after her crushing her fingers, contradictory since she also says I followed her outside the apartment. Perhaps the most sickening of all is the things she writes on the police report:
    1) That I raped her! in fact I DID not want to touch her because I didnt feel anything for her and didnt want to giver her the wrong idea, we hadnt had sex in MONTHS.
    2) That I constantly beat her and threatened to kill her with my gun. This NEVER occured for as long as we lived together and in fact she was the one assaulting me.
    3) That I made her AND my daughter sleep in the laundry room. HOW evil is she trying to make me seem?! she knows very well I ADORE my daughter and had her spoiled to death and also we didnt even have a laundry room!
    3)That my mother threatened to have her and her entire family deported back to Colombia if she told the police about me abusing her. When my poor mother read this she started crying, in fact I was having serious problems with my family because of my decision to leave her and my mother tirelessly defended her and took her side ON EVERY occasion we argued. Once, while she was pregnant she tried to cut her wrists in front of my mother after we had an argument and I left.
    I have talked to my most intimate friends and they will testify that I always said I never wanted to have anything with her, Former Marines, Supervisors from TSA and school colleages who will testify on my integrity as a respectful, hard working man ,hardly the violent monster she is trying to make me seem.
    I have lived by a simple creed my whole life "dont do to others what..." and I strongly believe in it, I am not afraid to go into the courtroom because I know what type of man I am and my consience is clear, if by some bizzarre twist of life I am found guilty I will assume it is a punishment for past deeds.
  • Leave a Comment Now.

CRIMINAL LAW & PROCEDURE Open Questions

Being charged with a crime committed when a minor

If you commit a crime when you are 15 and were never charged with it, can they track you down after you are an adult(18) and charge you as an adult? Also is the law retroactive to what is was when you initially committed the crime or do current statutes apply?...

Being Charged w/Unemployment Ins. Fraud

I received a letter from the Office of Special Investigations which is a part of the Arizona Department Of Economic Security this week. The letter states that I am being charged with Unemployment Insurance Fraud. This letter also states that there is a loss of $1,845.00 and I'm in violation of......

Being charged for someone else's crime

I am being forced into taking a plea bargain and the judge will not let me change lawyers, what can I do?...

Being charged for belongings left by previous tenant!

What is the name of your state? Georgia Our landlord allowed us to move into his house during the Dispossessory and eviction of the previous tenant! The previous tenant had been holding over for 1 month and alot of his belongings were still in the house. The landlord told us that he couldn't......

Being charged as a minor

If you are charged as a minor in court for a crime such as robbery, and you turn 18 while awaiting the hearing, can they move the charges to adult court and then sentence you?...

being charge; 2 felonies & 1 misdemeanor

What is the name of your state? Utah I'm not sure what to do. My friend has a clean record and first time being in trouble with the law. He has been charged with 2 counts of Forgery. Which are 3rd degree felonies each and 1 Class B Misdemeanor. Should he just go to court and get a public......

Being Called into Court Months After Settling for a Lack of Signed Bond Form

My question involves criminal law for the state of: Texas I received an MIC and got the offense deferred. After handling all of the steps necessary, I got a letter today telling me to appear in court in less than a month for a hearing due to a lack of a "signed bond form". What is it......

being awol for 7 years

Is there a statute of limitations for awol from the navy? Should i turn myself in or let a lawyer contact the Military....

being assaulted

my son was beaten up rather badly outside a bar.he was too drunk to remember anything that happened.the person who hit him admits doing it,but saya my son hit him first.a witness who refuses to give a written statement says tha attack on my son was unprovoked.my question is-my son was badly......

Being Arrested At Airport

My question involves an arrest warrant from the State of: WV can you be arrested at the airport for outstanding warrants, like you when go to check in at the ticket counter.....

Some questions maybe you're interest in...

Threat of Losing Job Possibly, HELP!

[Employment & Labor Law] What is the name of your state? va Recently our company won the right to rebid on gov't contracts however, other competitors are allowed to compete. Apparently, these competitors have been actively recruiting and approaching people in my company. One of our program directors held a secret.........

Visa related-what do you guys think of this?

[Immigration Law] I read in our local paper that Atlanta is one of 11 "pilot cities" to test out a new visa program on _departing_ non-US residents. Apparently it is designed to catch overstays if they DEPART the country. I think we agree that it is not good to overstay any kind of visa. BUT in the grand.........

Working Two Jobs at One Company

[Accidents & Personal Injury Law] What is the name of your state? North Carolina Please advise on whether an employer can can pay an employee only one salary when two jobs are being performed simultaneously. Accepted a new position(exempt) and old position (exempt)was to be backfilled, however old job was posted and then removed.........

Bankruptcy surrender questions

[BANKRUPTCY & CONSUMER CREDIT] What is the name of your state? Wisconsin We have filed a chap. 7 and we have our creditors meeting on 5/2/05. We are wanting to surrender our current truck that has a high payment and buy another truck with a lower payment. We are wanting to know when is the best time to surrender the vehicle.........

Cell Phones & Private Property at Work

[BUSINESS & FINANCIAL & Corporate LAW] My question involves business law in the state of: Iowa I just recently had a work meeting where we addressed work attire and cell phones. We were handed out a pamphlet that was split into two pages the first page front and back was about proper work clothes and the second page front and back was.........

Repair of Limited Common Elements

[Real Estate & Property Law] What is the name of your state? Texas A homeowner in our townhouse association purchased their townhouse in mid 2006. Now they have requested repairs to their townhouse. Townhouses have a detached garage with an fully enclosed patio between the townhouse proper and the garage. On the townhouse.........

overpayment of bonus in New York

[Employment & Labor Law] My company double deposited a sales bonus. The company is located in Chicago and I reside in New York. Can you tell me what steps they can implement to repay the overpayment of the sales bonus.......

emplyees & union membership Illinois

[Employment & Labor Law] What are the faq's of employees and union memberships? Is it mandatory to join the union at an employer in IL? Is IL a right to work state? Can employees refuse to pay dues or make the union give their dues to charity?......

How to Properly List an LLC in Claim

[Additional Legal Subjects] In my Alaska small claims handbook, it explains with examples how to file against businesses, corporations, and partnerships, but not LLCs, unless that's part of them and I'm missing it. Obviously, I don't want to have my case be deemed invalid by messing this up and I'm unable to find an example.........

FL, personnel records left unlocked, in open, identity theft

[BUSINESS & FINANCIAL & Corporate LAW] Florida, I left a job as office mgr. in Dec 2000, personnel records left in unlocked file cabinet in main office accessible by 40 techs plus office personnel. 4 drawer file cab. has no key, left unlocked at all times. Easily accessible. Someone from company used my name, SS#, d.o.b., to open.........