Legal Question in Criminal Law in New York

assault?
My spouse is going to jail for a minimum of 2 years for aggravated id theft. She does not want to go to family court to address the divorce/custody issue. She believes she will not get custody of the children given her current situation. 14 months prior to this we were having a discussion about divorce and custody. It got heated and I stormed out of the room. Before I left I threw the tv remote onto a couch where she was laying. The remote hit her in her midsection. It was not done with malice or an intent to cause harm. She took a picture of the red mark w/ her phone and sent a message to a friend w/ the picture attached and told them I assaulted her. Now she is telling me that if I do not go to a custody mediator and agree to give her joint custody and name her as the custodial parent that she will go to the police and report this incident and attempt to press charges of assault against me. She stated she will do whatever she can to 'Even the playing field'. Am I in trouble here? Can this hurt me?

Asked on 2/20/09, 12:50 pm

jeffrey lazroe Jeffrey A. Lazroe attorney at law

0 users found helpful

0 attorneys agreed

Re: assault?

The realistic question is how can your spouse have custody of any sort if she is in jail for 2 years.

If you would like the assistance of a lawyer, please feel free to contact me.

Answered on 2/20/09, 6:11 pm

Keywords

Match Any Match All

Country

State

Area of Law