Harassment and Disorderly conduct

[GaneshAchary]

Hello all,

My VISA - H1 B

My wife VISA - H4

Me and my wife had an argument. It was loud and it was audible to the neighbors.

During the course of argument I hold her from her back and asked her to stop yelling else i would kill her (that time i was in kitchen cutting vegetables and i had a knife in hand), and she also has put hot indian chilli powder and dirty kitchen water into my eyes. Finally i asked to leave the house. She went into neighbors house crying and she explained what has happened.

Neighbors called the police and took complaint from the neighbors and my wife and they arrested me.

They took me to the police station (they did not put me in jail), they took finger prints, photo and then i had a conversation with a judge online (Video) and he asked me to leave with out any security deposit but on one condition that i should not talk to my wife.

Charges filed against me

1. 2701 a3 - Simple Assault by physical (M-2)
2. 2706 a1 - Terrorist threats (M-1)
3. 2709 a1 Harassment (Summary)
4. 2709 a4 Harassment (M-3)
5. 907 a Possessing instruments of crime

My wife didn't knew what was happening as she didn't knew the consequences of this on VISA and GC.

The very next day she went to the police and asked them to withdraw the case as she didnt want to put me in trouble. She gave one more statement that she was not in senses while writing the complaint and it was not exactly happened. Police refused saying its already been sent to judge for trial but they just took her next statement and asked her to leave.

Now me and my wife appointed lawyers, we both are on the same page that we need to come out of this and stay happy together.

Both the lawyers are trying hard to get this case dismissed as my wife will not testify in the first hearing.

My lawyers gave me the possible outcomes of this situation (Hearing on Aug 19th, 2014)

1. The case will be dismissed as your wife will not testify
2. If the case is not dismissed then my Lawyer will try hard to get these charges reduced to
a. 2 Harassment Summaries
b. 2 Disorderly conduct
c. With one year probation

1. I need help in understanding what will happen to my H1B and GC in both the cases.

2. ls there a chance that i will be deported in either of above 2 situations

3. I have my visa approved till Nov 2016. But if i want to go to India i need to get it stamped. Will there be any issues while VISA interview.

4. My lawyer read some books and told me that Harassment summaries and Disorderly conduct doesnt have any affect on VISA. Is it true?

Please help me.

Thanks
Ganesh

 

[goodguy1200]

Keep few things in mind in any kind of case ( as much as possible)

(1) Try to keep any negotiated probation or total sentence or suspended sentence below 180 days. Anything above 180 days will be problematic for immigration and may require costly waivers I-601. Anything above 364 days is a big NO
(2) Check the state statute under which you are getting convicted and ensure that it does not have any violence related language and the maximum punishment under that statute is not more than one year. State statutes are mapped to Federal immigration statutes and make a big difference.
(3) Avoid any violence or anger or knife etc related language in the guilty or no contest plea.
(4) Try to get a straight dismissal with payment of court costs or fine or community service.
(5) If possible, hire a former prosecutor as your attorneys. Former prosecutors may be buddies with current prosecutors and it helps in cutting deals.

 

[GaneshAchary]

thank you for the information.
I will talk to my attorney and will update him these details.
I will ask him to negotiate accordingly.
Will keep you updated.