QUESTION

What can happen if my husband who is from Mexico was arrested for assault by contact?

Asked on Nov 12th, 2012 on Criminal Law - California
More details to this question:
My husband is in working on getting legal here in the US. He’s not an aggressive person at all .we were arguing and I blocked the do so he wouldn’t leave. He was so upset that he pushed me to the floor so he can leave, at the heat of the moment I called the cops and they arrested him for assault by contact and was released him he now has to Pay a ticket of 300$ he has court next month. My worry is when he goes to court what’s going to happen and if there’s anything I can do to help. We have a seven-month son together and we are legally married. This is the first time that this has happened he does not have a criminal background.
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5 ANSWERS

John J. Carney
He will have a lawyer appointed who will try to get a Disorderly Conduct violation as opposed to an Assault conviction. He will probably get counseling or anger management and the case could be resolved without a criminal conviction which might prevent him from being a citizen. Men must learn to communicate properly and not pt their hands on a woman or abuse her in any way. Only uneducated and unsophisticated people resort to violence when they get angry because they have not learned to control their emotions and they do not fully realize the serious consequences of committing a crime. You too must learn to argue respectfully and compromise, not scream or use name calling. You should not have blocked the door or called the police, especially if he is not a citizen. You should have made him go to counseling to learn how to act like a gentleman and you should also learn how to avoid arguments by studying good communication skills, compromise, and how to handle difficult situations.
Answered on Nov 14th, 2012 at 7:54 AM

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REMEMBER this the next time you call the cops on someone.
Answered on Nov 14th, 2012 at 7:35 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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See if the state attorney will drop the charges if you sign an affidavit that you do not want to prosecute.
Answered on Nov 14th, 2012 at 5:33 AM

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Family Law Attorney serving Provo, UT at Havens Law, LLC
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If you don't want your husband deported then you need to start the immigration process immediately. If he hasn't started the process, you can apply for a visa or depending on how long he has lived in the U.S. a green card. If the court hears that he is illegal the next thing they'll want to know is whether he is in the middle of the process of becoming a lawful resident.
Answered on Nov 14th, 2012 at 5:00 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Depending on the exact charges, your husband could deportable. I strongly suggest that you contact an experienced immigration and criminal defense attorney for a face-to-face consultation and give them all of the facts surrounding your husband's case. They would then be in a better position to analyze his case and advise you of his options.
Answered on Nov 14th, 2012 at 4:59 AM

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