Legal Question in Criminal Law in New Hampshire
Simple Assault
My husband and I got into a fight. During the course of this fight, I was pinned against a wall, in order to get away I bit my husband on the arm. I then called 911 and the police came. I was arrested for simple assault. I was also taken into PC because I had been drinking that night (although I was not drunk at the time of the incident, it had been two hours since my last drink.) I now am going to court for the charges. My husband and I have reconciled, and are back together, and he will be going with me. I have no previous record, have never been in any kind of trouble before. What can I eXpect to happen? I was told by the procecuter that I WILL go to jail for a year and pay $2000 in fines, unless I do a plea agrement with him. Is this realistic? Should I plea?
1 Answer from Attorneys
Re: Simple Assault
If the prosecutor told you that then either (a) there is more to it than you have told us or (b) he is lying or (c) you misunderstood.
When you are told you might go to jail, it is time to get a lawyer. If someone told you than you might die from cancer, would you long onto a bulletin board to save the medical bills, or would you get a doctor? Would you perform brain surgery on yourself to save money?
You have several defenses including self defense, and the question of how the DA is going to prove its case if your husband does not testify. You may have given some admissions, and there may be 5th amendment issues. Your lawyer can advise you.
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