Assault Charge Domestic Violence Room Mate F1 Visa advice please!

A

ashleyoulton

New Member
Dear All,

I would be very grateful for anyone's help and guidance with my unfortunate situation.

I am a student on a F1 visa studying at college in Phoenix, Arizona. I live with 3 other foreign students on F1 visas and I have not been getting on with one of them and he has been continually teasing me over the last few months and making my life in the house a misery. This all came to a head a couple of weeks ago when I punched him in the face. He then called the police and I was arrested and spent the night in jail and was released in the morning. I also had a restraining order and was not allowed to return to the house.

I was charged with a 13 - 1203A1 DV (domestic violence) and I have to go to court on 10th January. Unfortunately, I cannot afford legal representation but I understand that I can request a public defender to defend me and I also understand that the court will then be adjourned so that the public defender can help me.

However, as far as I am aware the victim (my room mate) is not pressing any charges against me. Does this then mean that the government will charge me or will that not be possible without the victim pressing charges?

I am also very concerned about my immigration status as I am on a F1 student visa and I am worried my visa could be revoked, I also understand that if I plead guilty my punishment will be reduced but I also understand that if I do that although I may get a reduced punishment I will then have my visa revoked.

I have no other previous convictions or problems and I am studying for a business degree

Thank you very much for any help you may be able to give me.
 
don't plea guilty...is long your roommate will not show in court the case will be dismissed...
 
I hired an immigration lawyer who negotiated with the prosecutor on my behalf and she got them to drop the DV charge (because he was a team mate and we did not choose to live together) and change it to assault. I accepted a diversion program but only because the prosecutor allowed me to plead guilty off the record, which won't be entered into the court records, so it won't hopefully affect my immigration status.

I could have taken the chance of the victim not turning up in court and the case being dismissed but I decided it could easily backfire and the consequences of that happening was high risk! so I went for the outcome that had the least risk!

I hope this helps !!
 
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