anyone been keeping up with what's been going on? an mma fighter might have beaten up his own girlfriend who's a pornstar because he found another man in the house. christy mack has been in the hospital the last few days supposedly with a broken jaw and damaged eye socket. She is supposed to release a statement tomorrow concerning all the rumors but war machine is wanted by the las vegas police department, and he's on the run.
i'm thinking even if christy mack doesn't press any charges, he's in deep trouble but wanted to get some other opinions out there, cause war machine has already been in jail a few times prior.
i'm also thinking if charges are pressed against him, he is better off running to mexico. He is too well known of a person to go to any state in america. clark county is going to have a major excuse to dip into taxpayer money to have him brought back to nevada. Do you think mexico will turn him over if he goes there?
some people might think he's being really dumb going on twitter when he's on the run but it MIGHT be a smart thing to do to try and plead with christy mack, show her some love, hope that she doesn't press charges, etc.
i'm thinking everyone close to christy mack is seeing that she is badly beat up and will not accept anything other than war machine being charged. rihanna i don't believe had anything broken when chris brown fukked her up? t How fukked up is christy mack's face? she going to come out looking like mark hamill or something after he got into an accident after the first star wars? we'll see what happens about that
war machine deserves every shiit he's getting for being an mma fighter, putting his hands on a woman, and doing that kind of damage, but i wanted to explore the legal aspects of the case. What if christy mack decides to not press charges? would the las vegas police department have enough evidence to make him do hard time considering war machines past history with the law?
To remove first post, remove entire topic.
anyone been keeping up with what's been going on? an mma fighter might have beaten up his own girlfriend who's a pornstar because he found another man in the house. christy mack has been in the hospital the last few days supposedly with a broken jaw and damaged eye socket. She is supposed to release a statement tomorrow concerning all the rumors but war machine is wanted by the las vegas police department, and he's on the run.
i'm thinking even if christy mack doesn't press any charges, he's in deep trouble but wanted to get some other opinions out there, cause war machine has already been in jail a few times prior.
i'm also thinking if charges are pressed against him, he is better off running to mexico. He is too well known of a person to go to any state in america. clark county is going to have a major excuse to dip into taxpayer money to have him brought back to nevada. Do you think mexico will turn him over if he goes there?
some people might think he's being really dumb going on twitter when he's on the run but it MIGHT be a smart thing to do to try and plead with christy mack, show her some love, hope that she doesn't press charges, etc.
i'm thinking everyone close to christy mack is seeing that she is badly beat up and will not accept anything other than war machine being charged. rihanna i don't believe had anything broken when chris brown fukked her up? t How fukked up is christy mack's face? she going to come out looking like mark hamill or something after he got into an accident after the first star wars? we'll see what happens about that
war machine deserves every shiit he's getting for being an mma fighter, putting his hands on a woman, and doing that kind of damage, but i wanted to explore the legal aspects of the case. What if christy mack decides to not press charges? would the las vegas police department have enough evidence to make him do hard time considering war machines past history with the law?
I've seen enough episodes of COPS that the woman doesn't have to press charges or admit to domestic battery if the police observe injury in this situation because of the prospect of a conflicted spouse/gf.Mexico might be an option but Mr.Machine would be a wanted man without any charge by Miss Mack.
I've seen enough episodes of COPS that the woman doesn't have to press charges or admit to domestic battery if the police observe injury in this situation because of the prospect of a conflicted spouse/gf.Mexico might be an option but Mr.Machine would be a wanted man without any charge by Miss Mack.
there is no such thing as the victim pressing charges or not pressing charges. in other words, whether to press charges or not is not the victim's decision.
there is no such thing as the victim pressing charges or not pressing charges. in other words, whether to press charges or not is not the victim's decision.
there is no such thing as the victim pressing charges or not pressing charges. in other words, whether to press charges or not is not the victim's decision.
Thank you
Quote Originally Posted by ClubDirt:
there is no such thing as the victim pressing charges or not pressing charges. in other words, whether to press charges or not is not the victim's decision.
there is no such thing as the victim pressing charges or not pressing charges. in other words, whether to press charges or not is not the victim's decision.
thank you for this piece of information. now lets say that christy mack and the other guy decided not to cooperate with the authorities in the case which doesn't seem like will happen based on the statement by her. will that affect how much jail time that war machine might receive? somehow some way the system can be flawed in a lot of areas where say a body and murder weapon is never found and instead of life in prison without parole someone gets off by only serving 20 years.
is it possible for someone like war machine to get a bullshit judgement where he gets 10 years of probation instead of a 20 year prison sentence, etc ? hopefully the police don't need to rely on anything much besides what the photos show but who knows, was just curious how the justice system works.
Quote Originally Posted by ClubDirt:
there is no such thing as the victim pressing charges or not pressing charges. in other words, whether to press charges or not is not the victim's decision.
thank you for this piece of information. now lets say that christy mack and the other guy decided not to cooperate with the authorities in the case which doesn't seem like will happen based on the statement by her. will that affect how much jail time that war machine might receive? somehow some way the system can be flawed in a lot of areas where say a body and murder weapon is never found and instead of life in prison without parole someone gets off by only serving 20 years.
is it possible for someone like war machine to get a bullshit judgement where he gets 10 years of probation instead of a 20 year prison sentence, etc ? hopefully the police don't need to rely on anything much besides what the photos show but who knows, was just curious how the justice system works.
crow, first, here's what i mean by my first post. the victim cannot press charges or drop the charges. once the police make an arrest, that case belongs to the state, not to the victim. that's why every criminal case is titled: State v. Joe Smith or People v. Joe Smith, not Victim v. Joe Smith. the victim does not bring the case and the state does not represent the victim. the state represents the people in its jurisdiction. it is up to the state and only the state whether they want to file charges or drop the charges.
now, in these domestic violence cases, they will ask the victim what she wants to see happen. in almost all of these cases, after a day or two, the victim wants the charges dropped. the state can drop the charges based on the victim's desires. but that's not the victim dropping the charges; that is the state dropping the charges at the victim's request. or the state can decide to press/file the charges because the victim wants the state to do so.
or, the state can completely ignore what the victim wants. this is what usually happens because in the overwhelming majority of cases, the victim wants to drop the charges. if the state always did what the victim wanted, then there wouldn't be many domestic violence cases going past the arrest stage. so, the state usually files the charges contrary to the victim's wishes.
cooperation is a different issues. in most domestic violence cases, the state needs the victim to cooperate. not all, but most. if the victim says she isn't going to cooperate, that makes it harder for the state because it's always harder dealing with a difficult key witness. this may cause the state to offer a better deal to the defendant because the state doesn't want the aggravation or they might lose if the victim changes her story or torpedoes the case in some other way.
however, it's really not the victim's decision to cooperate or not. the state can force her to come to court with a subpoena. they can't technically force her say what they want her to say but they can threaten her with a false report of a crime charge or something else and get her to cooperate that way.
in most cases, the guy beats the women, she calls the cops, she tells the cops what happens that night and the cop writes a report, maybe takes pictures of the injuries two days later, the guy has apologized, she's afraid of losing her financial stability and she doesn't want to prosecute or cooperate. the state files charges anyway. they already have her story and maybe some pictures from that night. it's hard for her to go back on what she already said, especially when there are pictures. and the state can threaten to arrest her for lying.
so, the state can prosecute or not, and if they do, they may offer a tougher sentence or not depending on how good the initial statement of the victim is, whether there are pictures that are hard to later deny, any other witnesses, etc and how much they really need the victim to cooperate.
one other thing, you might say, this isn't right because i've heard cops or prosecutors on tv say the victim dropped the charges. that's them covering their fools. the victim cannot drop charges or press charges. she can only state her preference. but, if she wants to drop the charges and is going to be a difficult witness, the cops or state might decide it isn't worth it to go forward and publicly say she dropped the charges. they do this in case the guy comes back a week later and really f*cks the victim up (which happens), they can say, it wasn't our fault, the victim wanted to drop the charges.
crow, first, here's what i mean by my first post. the victim cannot press charges or drop the charges. once the police make an arrest, that case belongs to the state, not to the victim. that's why every criminal case is titled: State v. Joe Smith or People v. Joe Smith, not Victim v. Joe Smith. the victim does not bring the case and the state does not represent the victim. the state represents the people in its jurisdiction. it is up to the state and only the state whether they want to file charges or drop the charges.
now, in these domestic violence cases, they will ask the victim what she wants to see happen. in almost all of these cases, after a day or two, the victim wants the charges dropped. the state can drop the charges based on the victim's desires. but that's not the victim dropping the charges; that is the state dropping the charges at the victim's request. or the state can decide to press/file the charges because the victim wants the state to do so.
or, the state can completely ignore what the victim wants. this is what usually happens because in the overwhelming majority of cases, the victim wants to drop the charges. if the state always did what the victim wanted, then there wouldn't be many domestic violence cases going past the arrest stage. so, the state usually files the charges contrary to the victim's wishes.
cooperation is a different issues. in most domestic violence cases, the state needs the victim to cooperate. not all, but most. if the victim says she isn't going to cooperate, that makes it harder for the state because it's always harder dealing with a difficult key witness. this may cause the state to offer a better deal to the defendant because the state doesn't want the aggravation or they might lose if the victim changes her story or torpedoes the case in some other way.
however, it's really not the victim's decision to cooperate or not. the state can force her to come to court with a subpoena. they can't technically force her say what they want her to say but they can threaten her with a false report of a crime charge or something else and get her to cooperate that way.
in most cases, the guy beats the women, she calls the cops, she tells the cops what happens that night and the cop writes a report, maybe takes pictures of the injuries two days later, the guy has apologized, she's afraid of losing her financial stability and she doesn't want to prosecute or cooperate. the state files charges anyway. they already have her story and maybe some pictures from that night. it's hard for her to go back on what she already said, especially when there are pictures. and the state can threaten to arrest her for lying.
so, the state can prosecute or not, and if they do, they may offer a tougher sentence or not depending on how good the initial statement of the victim is, whether there are pictures that are hard to later deny, any other witnesses, etc and how much they really need the victim to cooperate.
one other thing, you might say, this isn't right because i've heard cops or prosecutors on tv say the victim dropped the charges. that's them covering their fools. the victim cannot drop charges or press charges. she can only state her preference. but, if she wants to drop the charges and is going to be a difficult witness, the cops or state might decide it isn't worth it to go forward and publicly say she dropped the charges. they do this in case the guy comes back a week later and really f*cks the victim up (which happens), they can say, it wasn't our fault, the victim wanted to drop the charges.
crow, first, here's what i mean by my first post. the victim cannot press charges or drop the charges. once the police make an arrest, that case belongs to the state, not to the victim. that's why every criminal case is titled: State v. Joe Smith or People v. Joe Smith, not Victim v. Joe Smith. the victim does not bring the case and the state does not represent the victim. the state represents the people in its jurisdiction. it is up to the state and only the state whether they want to file charges or drop the charges.
now, in these domestic violence cases, they will ask the victim what she wants to see happen. in almost all of these cases, after a day or two, the victim wants the charges dropped. the state can drop the charges based on the victim's desires. but that's not the victim dropping the charges; that is the state dropping the charges at the victim's request. or the state can decide to press/file the charges because the victim wants the state to do so.
or, the state can completely ignore what the victim wants. this is what usually happens because in the overwhelming majority of cases, the victim wants to drop the charges. if the state always did what the victim wanted, then there wouldn't be many domestic violence cases going past the arrest stage. so, the state usually files the charges contrary to the victim's wishes.
cooperation is a different issues. in most domestic violence cases, the state needs the victim to cooperate. not all, but most. if the victim says she isn't going to cooperate, that makes it harder for the state because it's always harder dealing with a difficult key witness. this may cause the state to offer a better deal to the defendant because the state doesn't want the aggravation or they might lose if the victim changes her story or torpedoes the case in some other way.
however, it's really not the victim's decision to cooperate or not. the state can force her to come to court with a subpoena. they can't technically force her say what they want her to say but they can threaten her with a false report of a crime charge or something else and get her to cooperate that way.
in most cases, the guy beats the women, she calls the cops, she tells the cops what happens that night and the cop writes a report, maybe takes pictures of the injuries two days later, the guy has apologized, she's afraid of losing her financial stability and she doesn't want to prosecute or cooperate. the state files charges anyway. they already have her story and maybe some pictures from that night. it's hard for her to go back on what she already said, especially when there are pictures. and the state can threaten to arrest her for lying.
so, the state can prosecute or not, and if they do, they may offer a tougher sentence or not depending on how good the initial statement of the victim is, whether there are pictures that are hard to later deny, any other witnesses, etc and how much they really need the victim to cooperate.
one other thing, you might say, this isn't right because i've heard cops or prosecutors on tv say the victim dropped the charges. that's them covering their fools. the victim cannot drop charges or press charges. she can only state her preference. but, if she wants to drop the charges and is going to be a difficult witness, the cops or state might decide it isn't worth it to go forward and publicly say she dropped the charges. they do this in case the guy comes back a week later and really f*cks the victim up (which happens), they can say, it wasn't our fault, the victim wanted to drop the charges.
i appreciate the explanation, that was excellent. makes a lot of sense too, will be interesting to see how this plays out. war machine will probably commit suicide because he doesn't like guys doing each other up the butt in prison.
Quote Originally Posted by ClubDirt:
crow, first, here's what i mean by my first post. the victim cannot press charges or drop the charges. once the police make an arrest, that case belongs to the state, not to the victim. that's why every criminal case is titled: State v. Joe Smith or People v. Joe Smith, not Victim v. Joe Smith. the victim does not bring the case and the state does not represent the victim. the state represents the people in its jurisdiction. it is up to the state and only the state whether they want to file charges or drop the charges.
now, in these domestic violence cases, they will ask the victim what she wants to see happen. in almost all of these cases, after a day or two, the victim wants the charges dropped. the state can drop the charges based on the victim's desires. but that's not the victim dropping the charges; that is the state dropping the charges at the victim's request. or the state can decide to press/file the charges because the victim wants the state to do so.
or, the state can completely ignore what the victim wants. this is what usually happens because in the overwhelming majority of cases, the victim wants to drop the charges. if the state always did what the victim wanted, then there wouldn't be many domestic violence cases going past the arrest stage. so, the state usually files the charges contrary to the victim's wishes.
cooperation is a different issues. in most domestic violence cases, the state needs the victim to cooperate. not all, but most. if the victim says she isn't going to cooperate, that makes it harder for the state because it's always harder dealing with a difficult key witness. this may cause the state to offer a better deal to the defendant because the state doesn't want the aggravation or they might lose if the victim changes her story or torpedoes the case in some other way.
however, it's really not the victim's decision to cooperate or not. the state can force her to come to court with a subpoena. they can't technically force her say what they want her to say but they can threaten her with a false report of a crime charge or something else and get her to cooperate that way.
in most cases, the guy beats the women, she calls the cops, she tells the cops what happens that night and the cop writes a report, maybe takes pictures of the injuries two days later, the guy has apologized, she's afraid of losing her financial stability and she doesn't want to prosecute or cooperate. the state files charges anyway. they already have her story and maybe some pictures from that night. it's hard for her to go back on what she already said, especially when there are pictures. and the state can threaten to arrest her for lying.
so, the state can prosecute or not, and if they do, they may offer a tougher sentence or not depending on how good the initial statement of the victim is, whether there are pictures that are hard to later deny, any other witnesses, etc and how much they really need the victim to cooperate.
one other thing, you might say, this isn't right because i've heard cops or prosecutors on tv say the victim dropped the charges. that's them covering their fools. the victim cannot drop charges or press charges. she can only state her preference. but, if she wants to drop the charges and is going to be a difficult witness, the cops or state might decide it isn't worth it to go forward and publicly say she dropped the charges. they do this in case the guy comes back a week later and really f*cks the victim up (which happens), they can say, it wasn't our fault, the victim wanted to drop the charges.
i appreciate the explanation, that was excellent. makes a lot of sense too, will be interesting to see how this plays out. war machine will probably commit suicide because he doesn't like guys doing each other up the butt in prison.
Good stuff Club---can you explain how this may affect sentencing? I am confused on this. I see so many where it seems exactly what you say happened. If victim refuses to press charges can they see the person was clearly assaulted and still send the guy to prison? Or does it have to have a witness?
Thanks
Good stuff Club---can you explain how this may affect sentencing? I am confused on this. I see so many where it seems exactly what you say happened. If victim refuses to press charges can they see the person was clearly assaulted and still send the guy to prison? Or does it have to have a witness?
smarterthanyou, first thing you should do is change your covers name to dumberthanmostotherpeople, at a minimum.
second, read the thread and understand that she cannot refuse to press charges, because it's not up to her. she can tell the state she doesn't want them to press charges and then the state can do whatever they want. as is often the case with high profile situations like this, they can certainly decide it's not worth all of the publicity and aggravation and drop the charges because if she doesn't care, why should the state go through all of the trouble when they know a guy like ray rice is going to get a slap on the wrist at the end of the day anyway. but that's not her refusing to press charges.
crow, how bad did he beat her up? if there's nothing permanent and he doesn't have a bad record, he shouldn't get much time, if any. there are a lot of these cases in the system and the victims usually don't want the state to go forward so the state often works out pretty good deals with the defendants.
smarterthanyou, first thing you should do is change your covers name to dumberthanmostotherpeople, at a minimum.
second, read the thread and understand that she cannot refuse to press charges, because it's not up to her. she can tell the state she doesn't want them to press charges and then the state can do whatever they want. as is often the case with high profile situations like this, they can certainly decide it's not worth all of the publicity and aggravation and drop the charges because if she doesn't care, why should the state go through all of the trouble when they know a guy like ray rice is going to get a slap on the wrist at the end of the day anyway. but that's not her refusing to press charges.
crow, how bad did he beat her up? if there's nothing permanent and he doesn't have a bad record, he shouldn't get much time, if any. there are a lot of these cases in the system and the victims usually don't want the state to go forward so the state often works out pretty good deals with the defendants.
Good stuff Club---can you explain how this may affect sentencing? I am confused on this. I see so many where it seems exactly what you say happened. If victim refuses to press charges can they see the person was clearly assaulted and still send the guy to prison? Or does it have to have a witness?
Thanks
how will this affect sentencing?
it depends on a lot of factors. some prosecutors really don't care at all if the victim doesn't want them to prosecute. they are going to do it anyway, because they feel they need to protect society and dropping the charges every time a victim has a change of heart sends the wrong message. other prosecutors take the position that, if she doesn't care, we have plenty of cases where the victims do care so we';ll focus on those and then they'll either drop the charges or offer the guy a very good deal.
and then the evidence matters too. if the victim gave a good statement at the time of the incident to the responding officer and there were visible injuries and the cop took pictures and there were inependent witnesses, that's a strong case and the state isn't as worried about the victim being difficult trying to change her story, etc. the stronger the case, the better sentence the state can get.
if the evidence is weak because the responding officer did a poor job, and the victim s now being difficult, that case may have serious problems and the state may either drop the charges or offer a very light sentence.
so, there are a few factors but the main ones are: how bad did he beat her up, how good is the evidence the state has, does this guy have a history of domestic violence or other crimes, is the victim cooperative or being difficult and how much do they really need her.
Quote Originally Posted by Raiders22:
Good stuff Club---can you explain how this may affect sentencing? I am confused on this. I see so many where it seems exactly what you say happened. If victim refuses to press charges can they see the person was clearly assaulted and still send the guy to prison? Or does it have to have a witness?
Thanks
how will this affect sentencing?
it depends on a lot of factors. some prosecutors really don't care at all if the victim doesn't want them to prosecute. they are going to do it anyway, because they feel they need to protect society and dropping the charges every time a victim has a change of heart sends the wrong message. other prosecutors take the position that, if she doesn't care, we have plenty of cases where the victims do care so we';ll focus on those and then they'll either drop the charges or offer the guy a very good deal.
and then the evidence matters too. if the victim gave a good statement at the time of the incident to the responding officer and there were visible injuries and the cop took pictures and there were inependent witnesses, that's a strong case and the state isn't as worried about the victim being difficult trying to change her story, etc. the stronger the case, the better sentence the state can get.
if the evidence is weak because the responding officer did a poor job, and the victim s now being difficult, that case may have serious problems and the state may either drop the charges or offer a very light sentence.
so, there are a few factors but the main ones are: how bad did he beat her up, how good is the evidence the state has, does this guy have a history of domestic violence or other crimes, is the victim cooperative or being difficult and how much do they really need her.
If victim refuses to press charges can they see the person was clearly
assaulted and still send the guy to prison? Or does it have to have a
witness?
yes. for example, let's say ray rice and girlfriend are out at the club, he punches her a few times in front of 10 people. the cops are called. girlfriend is pissed at that point and tell the cop rice hit her two times. cop write that in a report. cops sees she has a black eye and takes pictures which are consistent with her statement that he put in his report. cop talks to 10 witnesses who all say rice hit her two times without provocation.
invariably, rice apologizes to her the next day and is on his best behavior promising to never do it again, he loves her, etc, she realizes rice has been paying for everything for her, maybe they have a kid together someone needs to pay for and she decides it's not in her best interest for rice to get prosecuted and maybe go to jail, lose his job, etc. so, she tells the police she doesn't want to prosecute.
in this case, especially if rice is just a regular guy (not famous), the cops don't care what she wants them to do at this point. they know they can force her to come to court with a subpoena. they know she'll have a hard time changing her story in court because they have her prior statement, pictures and witness statements. or, the can prove this case easily without even bringing her to court if they want to do it that way.
that kind of incident happens but it's not as common.
If victim refuses to press charges can they see the person was clearly
assaulted and still send the guy to prison? Or does it have to have a
witness?
yes. for example, let's say ray rice and girlfriend are out at the club, he punches her a few times in front of 10 people. the cops are called. girlfriend is pissed at that point and tell the cop rice hit her two times. cop write that in a report. cops sees she has a black eye and takes pictures which are consistent with her statement that he put in his report. cop talks to 10 witnesses who all say rice hit her two times without provocation.
invariably, rice apologizes to her the next day and is on his best behavior promising to never do it again, he loves her, etc, she realizes rice has been paying for everything for her, maybe they have a kid together someone needs to pay for and she decides it's not in her best interest for rice to get prosecuted and maybe go to jail, lose his job, etc. so, she tells the police she doesn't want to prosecute.
in this case, especially if rice is just a regular guy (not famous), the cops don't care what she wants them to do at this point. they know they can force her to come to court with a subpoena. they know she'll have a hard time changing her story in court because they have her prior statement, pictures and witness statements. or, the can prove this case easily without even bringing her to court if they want to do it that way.
that kind of incident happens but it's not as common.
guy beats baby momma in their apartment. no witnesses. cop shows up and both parties are drunk or fucked up some way and yelling and it's a big mess. the cop doesn't really want to deal with it. he asked them what happens, she says he hit her and he says he didn't or he was defending himself. the cop wants to get the f*ck out of there quickly so he arrests the guy, writes a halfass report, doesn't take pictures.
the next day, she realizes she wants to get back together with the guy, he's nice to her now, he makes the money, same garbage as above. so when the state contacts her in a week or so, she has done a 180 and says she doesn't want them to prosecute.
this one is harder because the state doesn't have much evidence to work with. she can say, yeah, he hit me but i pushed him first or i started it and sine the responding officer did such a poor job documenting the scene, she has more ability to make the state's job difficult.
the state might decide to drop the charges or offer the guy a good deal.
so, if the victim is being difficult, which she almost always is, how it works out for the defendant depends on how good the evidence is, how difficult the victim is being and the prosecutor's philosophy on handling these cases when the victim does not want the case to go froward.
this is more common.
guy beats baby momma in their apartment. no witnesses. cop shows up and both parties are drunk or fucked up some way and yelling and it's a big mess. the cop doesn't really want to deal with it. he asked them what happens, she says he hit her and he says he didn't or he was defending himself. the cop wants to get the f*ck out of there quickly so he arrests the guy, writes a halfass report, doesn't take pictures.
the next day, she realizes she wants to get back together with the guy, he's nice to her now, he makes the money, same garbage as above. so when the state contacts her in a week or so, she has done a 180 and says she doesn't want them to prosecute.
this one is harder because the state doesn't have much evidence to work with. she can say, yeah, he hit me but i pushed him first or i started it and sine the responding officer did such a poor job documenting the scene, she has more ability to make the state's job difficult.
the state might decide to drop the charges or offer the guy a good deal.
so, if the victim is being difficult, which she almost always is, how it works out for the defendant depends on how good the evidence is, how difficult the victim is being and the prosecutor's philosophy on handling these cases when the victim does not want the case to go froward.
club this beating has turned out a lot worse than just a damaged eye socket. it turns out that she has 18 broken bones around her eye, fractured nose, some knocked out teeth, fractured rib, ruptured liver, and some knife wounds (one of them from being stabbed in the hand i believe).
there are 7 warrants out for his arrest: 2 felony batteries, 1 strangulation, 2 felony domestic violence with great bodily injury, felony coercion with threat of force, felony assault with a deadly weapon, and misdemeanor assault with a deadly weapon.
makes me sick thinking that there are some people out there like war machine who have mental shortcomings to go on twitter saying "he was fighting for his life" and that he won't get a fair shake from the police.
dog the bounty hunter even said he's coming after war machine, wow
club this beating has turned out a lot worse than just a damaged eye socket. it turns out that she has 18 broken bones around her eye, fractured nose, some knocked out teeth, fractured rib, ruptured liver, and some knife wounds (one of them from being stabbed in the hand i believe).
there are 7 warrants out for his arrest: 2 felony batteries, 1 strangulation, 2 felony domestic violence with great bodily injury, felony coercion with threat of force, felony assault with a deadly weapon, and misdemeanor assault with a deadly weapon.
makes me sick thinking that there are some people out there like war machine who have mental shortcomings to go on twitter saying "he was fighting for his life" and that he won't get a fair shake from the police.
dog the bounty hunter even said he's coming after war machine, wow
first, when you are accused of serious violent crimes, it's never god to go by the name, War Machine. i'd recommend using the name on your birth certificate in that situation.
that's brutal. most of these domestic violence cases involve a black eye, a bruise, maybe a cut, sometimes no marks at all so it's easier for the state to just let it go if the victim isn't cooperative.
it depends on how good the evidence is that he did this to her but with injuries like that, the state does not have to worry about the usual victim's changed story. a week or so later when the state calls, the victim will often say that she wasn't hit at all and she made it up because she was mad at him or say they were struggling over the car keys and they fell and she hit her eye on the table. garbage like that. with these kinds of injuries, she obviously can't say she wasn't hit and she can't blame it on some accident that was partly her fault.
i don't know how they do things in nevada but with those injuries and those charges, as long as there is some decent evidence that he caused them, she can tell the state all day long that she doesn't want to press charges and they are going to charge him anyway.
of course, if she supports him throughout the case and tells the state she doesn't want him going to prison, or at least not for long, the state can consider that request and offer him a lighter sentence. or, the state can ignore it and try to drop the hammer. or, the judge can overrule the state's and the victim's request for a light sentence and drop the hammer him/herself.
so what will he get? again, assuming the evidence is there, it really depends on whether this guy has a criminal history, whether there is any mitigation, what the victim wants to see happen, whether the prosecutor cares what the victim wants, how tough the prosecutor is, and how tough the judge is.
if Prosecutor ClubDirt had this case, just based on what i know from this thread (which isn't much), i'd be asking in the range of 7 - 10 years in prison.
damn.
first, when you are accused of serious violent crimes, it's never god to go by the name, War Machine. i'd recommend using the name on your birth certificate in that situation.
that's brutal. most of these domestic violence cases involve a black eye, a bruise, maybe a cut, sometimes no marks at all so it's easier for the state to just let it go if the victim isn't cooperative.
it depends on how good the evidence is that he did this to her but with injuries like that, the state does not have to worry about the usual victim's changed story. a week or so later when the state calls, the victim will often say that she wasn't hit at all and she made it up because she was mad at him or say they were struggling over the car keys and they fell and she hit her eye on the table. garbage like that. with these kinds of injuries, she obviously can't say she wasn't hit and she can't blame it on some accident that was partly her fault.
i don't know how they do things in nevada but with those injuries and those charges, as long as there is some decent evidence that he caused them, she can tell the state all day long that she doesn't want to press charges and they are going to charge him anyway.
of course, if she supports him throughout the case and tells the state she doesn't want him going to prison, or at least not for long, the state can consider that request and offer him a lighter sentence. or, the state can ignore it and try to drop the hammer. or, the judge can overrule the state's and the victim's request for a light sentence and drop the hammer him/herself.
so what will he get? again, assuming the evidence is there, it really depends on whether this guy has a criminal history, whether there is any mitigation, what the victim wants to see happen, whether the prosecutor cares what the victim wants, how tough the prosecutor is, and how tough the judge is.
if Prosecutor ClubDirt had this case, just based on what i know from this thread (which isn't much), i'd be asking in the range of 7 - 10 years in prison.
there is no such thing as the victim pressing charges or not pressing charges. in other words, whether to press charges or not is not the victim's decision.
That is true in a domestic incident but not the rule at all times, if you and I were at a bar and I punched you in the face it is your choice to press charges or not. The state doesn't automatically pick up the charges unless it is a domestic incident.
Quote Originally Posted by ClubDirt:
there is no such thing as the victim pressing charges or not pressing charges. in other words, whether to press charges or not is not the victim's decision.
That is true in a domestic incident but not the rule at all times, if you and I were at a bar and I punched you in the face it is your choice to press charges or not. The state doesn't automatically pick up the charges unless it is a domestic incident.
That is true in a domestic incident but not the rule at all times, if you and I were at a bar and I punched you in the face it is your choice to press charges or not. The state doesn't automatically pick up the charges unless it is a domestic incident.
that's 100% false, at least your first sentence (your second sentence is partly true). it does not matter what the charge is. once an arrest is made, the case belongs to the state. the state decides whether or not to file charges.
now, in that scenario if you punch me in the face, and the police show up, they can ask me if i want to press charges and if i say no, they can decide not to arrest me, but that is 100% the state's decision. the state is free to follow my wishes or ignore them.
now, i've heard some states have a stupid rule where if the police are called out to a domestic violence situation, they have to arrest someone. but, in practice they don't always follow this and even if they arrest someone, that's not the same as charging someone.
but in any case, whether to press charges is always the state's decision. they can sort of delegate it to the victim if they want, but they make the ultimate decision.
Quote Originally Posted by chaloots:
That is true in a domestic incident but not the rule at all times, if you and I were at a bar and I punched you in the face it is your choice to press charges or not. The state doesn't automatically pick up the charges unless it is a domestic incident.
that's 100% false, at least your first sentence (your second sentence is partly true). it does not matter what the charge is. once an arrest is made, the case belongs to the state. the state decides whether or not to file charges.
now, in that scenario if you punch me in the face, and the police show up, they can ask me if i want to press charges and if i say no, they can decide not to arrest me, but that is 100% the state's decision. the state is free to follow my wishes or ignore them.
now, i've heard some states have a stupid rule where if the police are called out to a domestic violence situation, they have to arrest someone. but, in practice they don't always follow this and even if they arrest someone, that's not the same as charging someone.
but in any case, whether to press charges is always the state's decision. they can sort of delegate it to the victim if they want, but they make the ultimate decision.
Thank you
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