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STATE v. S.E.

Offense: Domestic Violence Assault; Domestic Violence Criminal Threatening; Domestic Violence Terrorizing; Disorderly Conduct

Mandatory Minimum Penalty: 2 years probation, partially suspended sentence, completion of the 48 week certified batters intervention program, FEDERAL lifetime ban on owning/possessing/using firearms or ammunition, $400.00 fine

Penalty: 2.5 years if convicted on all charges and all charges were to run consecutively; 2 years probation; completion of a 48 hour certified batters intervention program; FEDERAL lifetime ban on owning/possessing/using firearms or ammunition, $4,500.00 in fines

Summary: Client got into an argument with his wife who “flew off the handle”.  Wife was in an agitated state and attempted to leave the home with client’s child.  Client attempted to stop his wife from leaving with his child as he was concerned with her mental state and her ability to safely operate a motor vehicle.  Wife pushed and slapped husband who attempted to restrain her and calm her down.  Child saw entire incident and attempted to intervene.  Police were called and client was arrested and charged with 3 crimes of domestic violence and 1 count of disorderly conduct.

Result: Client was placed on deferred disposition for a period of 1 year.  2 crimes of domestic violence were dismissed outright and the 3rd charge of domestic violence assault will be dismissed after successful completion of mental health counseling and provided he doesn’t commit any new crimes.  Client will be sentenced on the Disorderly Conduct charge for a fine of $400.00.  Client was also allowed to move back with his family and put his life back together.

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