Charged with battery

Discussion in 'Concealed Carrying & Personal Protection' started by dlee58, Nov 28, 2010.

  1. dlee58

    dlee58 New Member

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    Very embarrassed by this. Several weeks ago my soon to be ex and I got into it I slapped her and of course went to jail for a few hours. She was not hurt, says she will not pursue the matter, I have hired an attorney. It is considered a misdemeanor. Not sure what I am in for as far as the Kansas CCW laws go.
     
  2. BillM

    BillM Active Member Supporter

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    That's considered Domestic Violence. If convicted, you will no longer be
    able to pass the background check for gun purchases. No idea how it will
    affect your Kansas CCW, but I'm guessing it won't be good.

    Hope you hired a really good attorney.
     

  3. skullcrusher

    skullcrusher New Member

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    Embarrassed or damned ashamed for hitting a woman? In many cases, it makes no difference if she will pursue the matter or not. Violent crimes are just that and you should be punished, imo. How can you be expected to be responsible with a firearm if you can't control your temper enough to turn and walk away without hitting a woman? :mad:
     
  4. c3shooter

    c3shooter Administrator Staff Member

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    OK- straight talk.

    1. It is up to the state- not your significant other- whether they want to prosecute.

    2. If convicted of even a misdemeanor, such as disorderly conduct, simple assault, etc, you will have been convicted of a crime of domestic violence. Under Federal law (18 US code 922) your right to possess any firearm (I say again- ANY FIREARM) just went away. For good.

    3. Your CCW is the least of your concerns right now. With a DV conviction, you will have nothing to carry.

    Disclaimer- I am not a lawyer- which is what you need to talk with, not the Firearms Forum (you do realize this is a public forum, and anything you post here CAN be used in court?) Following is a C&P on the Domestic Violence Federal law:

    Qualifying Offenses: As enacted the statute defines "misdemeanor crime of domestic violence" (MCDV) as any state or federal misdemeanor that -

    "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
    This definition includes all misdemeanors that involve the use or attempted use of physical force (e.g., simple assault, assault and battery), if the offense is committed by one of the defined parties. This is true whether or not the statute specifically defines the offense as a domestic violence misdemeanor. For example, a person convicted of misdemeanor assault against his or her spouse would be prohibited from receiving or possessing firearms. It is anticipated that this issue will be subject to litigation. In the event of such litigation, the Terrorism and Violent Crime Section should be notified so that assistance can be provided.
     
    Last edited: Nov 29, 2010
  5. cpttango30

    cpttango30 New Member

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    Straight Talk from Tango.

    1. YOUR an IDIOT lets get that out there right now and let it be heard.

    2. Buddy your done it is up to the state and more than likely your going to be to burnt toast.

    3. I think you should sell all your firearms to the local gun store and slam your junk in a car door till it turns black and falls off. We shooters and hunters fight every day to keep our rights it doesn't help when idiots like YOU go and do stupid crap like this. HOLY idontknowwhat.

    I can tell one thing your not driving the bus no more. You are now a passenger and your stuck way in the back. If I were you I would start stretching your anus because your gonna be someones manbi@tch soon.
     
  6. Jo da Plumbr

    Jo da Plumbr New Member

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    I'm sorry to hear this but thank you for posting it. This is a good reminder to all of us how letting our anger get the best of us can cost us dearly.

    I hope you will let us know what happens. Good luck.
     
  7. Gojubrian

    Gojubrian New Member

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    I hope you get that under control. I wouldn't be worried about guns right now. You have alot of more important stuff to worry about.
     
  8. falseharmonix

    falseharmonix New Member

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    Now, now, Tango...at least he didn't pistol whip her. :rolleyes:

    To the OP, lawyer up. That person alone will be who you want to ask questions to. Oh, and next time you have the urge to slap a woman, imagine that woman is your mom, or granny, or sister. Then turn around and walk away.
     
  9. Mr. Bluesky

    Mr. Bluesky New Member

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    If you can't be trusted not to hit a lady, I don't want you anywhere near a gun. Not gonna go as far as Tango, but I sure as hell hope they take your license.
     
  10. billdeserthills

    billdeserthills New Member

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    Don't know about in your parts, but here in Arizona a first-time Domestic Violence is generally plea-bargained down to battery, you would be required to attend an anger-management type seminar and at the end of this a fine is charged. No Probation or loss of firearms ownership.
     
    Last edited by a moderator: Nov 29, 2010
  11. mikeinlincoln

    mikeinlincoln New Member

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    I find it ironic that cpttango30 gives this guy the what-for about slapping a woman, while his signature talks about shooting "crazy chicks" in the head and cutting people's throats. I would probably think twice before taking advice from that guy.
     
  12. billdeserthills

    billdeserthills New Member

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    I think you should ignore the people who want to crap on your issue. Bad enough that you'll have your day in court without having to deal with other people's criticism.
     
  13. doctherock

    doctherock New Member

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    Now now I suggest you don't wake the sleeping giant that is tango. He is after all a Supporting member in high standing with this community. Oh and bill, it ain't ok to slap a woman.
     
  14. billdeserthills

    billdeserthills New Member

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    Not my MO Doc,
    I favor punching big holes in my walls instead, and BTW the Ol' Lady who inspired the holes is the same one who fixes them.
     
  15. spittinfire

    spittinfire New Member Supporter

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    Is anything really worth getting that upset about? I'm not going to say I don't loose my temper from time to time but I don't start hitting things either.
     
  16. billdeserthills

    billdeserthills New Member

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    Last time she cleaned one years worth of appointments and notes about my jobs. She lost a form that lost me a large job. Before she touched the table I asked her NOT to touch my table. If that doesn't meet the criteria stay out of my house.
     
    Last edited: Nov 29, 2010
  17. beckstactical

    beckstactical New Member

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    As a police officer I deal with this on a daily basis not this guy in particular but family violence. I've arrested him, I've arrested her. Heck they've both gone to jail and sometimes neither one if the investigation proves otherwise but the best advice that I always give in these cases is No one has ever gone to jail for walking away. The laws for Family Violence don't just include physical contact. There is assault by threat or intimidation. Also you have stalking and harassment. There are many others but these cover the heated moments. So remember gentlemen and ladies. An argument avoided is a gun kept.

    Also on a law advise note: you are an idiot for posting your confession online.
    Should this case go to court because the state decides to pursue charges your self incriminating statement will be used against you should they decide to investigate.
    Now for my gun dealer advice: I'll make you a fair deal on them firearms your about to give to the state.:D
     
  18. theferg2000

    theferg2000 New Member

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    I learned my lesson about hitting things at an early age. When i was 17 my step dad and i were in an argument about how much time i was spending with my girlfriend (now my wife for over 17 years), and he made a bad comment about her. It was either hit him or hit something else, so i walked out of the room punching a wooden desk on my way out, and broke my hand. Haven't hit a wall or anything like that since!!!

    To the OP. I have never hit my wife or any woman, or my kids and there is NO excuse doing it. I watched my dad beat, choke, throw, and everything else he wanted to do to my mom (it is funny about ten minutes ago i posted a reply in another thread about how much my dad looked and acted like Jack from The Shining). I tried to help a couple times when i was probably no bigger than 6 or 7 and i learned quick that i couldn't do anything but hide when he got that way. You think about a 6 year old kid just having to watch his dad choke his mother, wondering if he is going to kill her, and see if you like that picture. You will get there too if you dont kill this now. I definitely got a bad temper from him, but i made a decision to learn to control it, rather than become like him.

    I do hope you will go get help. I know you said it was not very hard, but just crossing that line means you need help. IF you are really sorry, quit making yourself the main concern, and think about her, and focus on getting help. I dont know if you're still interested in protecting her, but you beating this problem you have will keep her safer than any CCW.

    You can get through this man. But YOU have to be the one to do it. I will put you in my prayers. I can personally tell you how destructive it can be. I lived it for way too long, helpless to do anything about it. I dont know if you have kids, but i promise you they will be next. This is a road that gets out of control FAST. I will be praying for the both of you, and let me know if you need to talk. I bet i can give you some insight. I have been involved with several battered women shelters, and have supported them for years.
     
    Last edited: Dec 1, 2010
  19. Dizzll

    Dizzll New Member

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    Chris Rock said it best: "There is a reason to hit everyone, just don't do it"
     
  20. dlee58

    dlee58 New Member

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    None of you people know me. My friends that do know me have really been understanding, they know the situation and what I have been up against. The arresting officer told me that while what I did was wrong he could understand it, even after meeting her for a short time. I am not that guy, my kids are fine with me, they know what happened. My friends are standing by me, most are asking what took me so long to do it.

    I will lose my guns for at least a year, after that it is unclear. I made a mistake, I fessed up to it, I am paying the price. I have a very good attorney looking out for me, but the law is the law.

    If it makes you feel better to call me an idiot or whatever then you are probably the kind of guy who needs to carry a gun to feel like a man, and you still don't know your from you're. A lot of you have such violent tag lines it worries me. To the people have sent me a private post thank you for your support it does mean a lot.

    Just so you know my soon to be ex does not want me to lose the guns either, she wants me to be able to protect myself or my children or any others. We are fine with each other.

    I see no future here I will more than likely leave in a few days. Thanks for all the info along the way.