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marilyn7

Sentencing possibilities in AZ

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Wondering if anyone has any idea of what type of sentence may be imposed on a male who doesn't have a prior record and is looking at PODP (possession of drug paraphernalia), POSS METH (possession of meth), MISCONDUCT-FIREARM, AGG DV ASSAULT and DV ASSAULT?

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Those offenses range from misdemeanors to felonies and run the gamut from 6 months in jail to many years in jail plus big fines in the thousands.

 

Depending on the circumstances and how many he actually gets convicted of he could be looking at 5 to 10 years in prison plus thousands in fines.

 

A criminal defense lawyer might get some of the charges dropped in favor of a plea bargain where he does a couple of years.

 

Is this your boyfriend? Were you the victim?

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Ex-Boyfriend now and yes I was the victim. The police were called out to the house on Monday (by him) and Tuesday (by me) because he had thrown me on the ground (3 times on Monday & 1 time on Tuesday) and banged my head into the tile floor repeatedly. The police were unable to make an arrest at the time because our stories conflicted and the bruising hadn't shown up yet. On Saturday he grabbed me by my jacket collar, threw me onto the couch and then onto the ground (and into a moving cart). He then threw me back on the couch, started choking me (pulling up on my neck while doing so) and ended his assault by punching me once on the right side of my head (temple, ear) and once on the top left side of my head. He had a gun in his waste band while he did this. The drug charges were from the police finding his meth pipe with a little dope in it when they came out here on Monday. He tried blaming the pipe on me and of course I said it wasn't mine so the police didn't arrest either of us for it on Monday however the police have now charged him with that too. Now that you have a little more detail what do you think the outcome might be and what am I going to have to go through (court process)?

Edited by marilyn7
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11 hours ago, marilyn7 said:

Now that you have a little more detail what do you think the outcome might be and what am I going to have to go through (court process)?

 

Clearly, you will have to sit in the witness chair in the courtroom and tell the jury about the attacks and the injuries. Make sure you are as specific and graphic as possible and don't make any excuses for him. This is somebody who deserves to go to prison for a good long time. If you get wishy washy during your testimony he is likely to get out on probation or walk with no conviction and then he is likely to come after you again.

 

In the future, you need to raise your standards when you pick boyfriends.

 

 

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12 hours ago, marilyn7 said:

Now that you have a little more detail what do you think the outcome might be and what am I going to have to go through (court process)?

 

The details don't really impact the possible outcome.  It's possible that he'll get as much as ten years in prison and a boatload of fines.

 

As far as what you'll "have to go through (court process)," it is best that you discuss that with the district attorney handling the case.  He/she is not your lawyer, but his/her interests (in acting on the state's behalf) will be aligned with yours.  He/she should go through trial preparation with you and tell you the questions he/she will ask you and help you prepare for cross-examination by your ex's attorney.  It sounds likely that you'll be asked about recreational drug use with your ex, and you may have to make a somewhat difficult decision about being honest to the DA and admitting that you use(d) recreational drugs or taking the Fifth.  It's the sort of thing that your ex's attorney could exploit, so you may want to consult with your own attorney about this.

 

 

11 minutes ago, adjusterjack said:

In the future, you need to raise your standards when you pick boyfriends.

 

Yup.  If meth/pipes are part of someone's life, get out or you're basically asking for whatever happens to you.

 

 

4 hours ago, RetiredinVA said:

The outcome is likely that your boyfriend will eventually kill you.  Domestic violence does not get better.

 

It doesn't?  Never?  Likely that she'll be killed?  Come on....  And did you not notice that the OP rather clearly indicated that this dude is her ex-boyfriend.

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Hi @marilyn7

 

Welcome to the community and thanks for posting with us. So sorry to hear about all that you have endured.

 

As other posters have mentioned, the sentencing will vary by the circumstances of the case. However, our Learn About the Law section has state-specific materials setting forth the sentences for various crimes in Arizona. As a survivor of domestic violence, there are resources and organizations available to provide you support, and help you understand the criminal court process. This includes the Arizona Coalition to End Sexual & Domestic Violence.

 

Best of luck and let us know if you have additional questions for the community.

The FindLaw.com Team

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I will stand by my statement.  The described behavior fits the typical pattern of domestic abuse.  

 

If you let me push you or pull you, I can slap you.

If you let me slap you, I can punch you.

If you let me punch you, I can choke you. Etc.

 

It is theoretically possible that a pattern of abuse that has reached the point of multiple blows and attempted strangulation can be reversed to a tender loving relationship.  I am not betting on it.

 

I am also betting that a woman who alows her ex-boyfriend to abuse her to that extent is soon going back to him.

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