19-year old daughter broke my nose...

by Cheryl
(Milwaukee, WI)

During a heated argument, my 19-year old daughter (who suffers from depression and PTSD) flew into an uncontrollable rage and punched me in the face twice. I was bleeding profusely from what was eventually determined to be a broken nose.

I called 911. The police arrested my daughter and I was taken to the hospital in an ambulance. I meet with the ADA in two days.

I am highly conflicted. I would counsel a friend to press charges against an abusive spouse or partner. I do think my daughter needs to be held accountable for her behavior and bad choices. However, I'm very concerned what prison will do to my sensitive, immature, troubled daughter. I'm concerned what a felony conviction will mean for her future.

What are my options? Is there anything other than criminal legal action to address assaultive behavior like this? Thank you.

Visitor Question:
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ANSWER for "19-year old daughter broke my nose...":

Cheryl (Milwaukee, WI):

If this is your daughter's first criminal offense for which she was arrested, it is likely she is eligible for the State of Milwaukee's "Deferred Prosecution" (DPA) probationary sentence. A deferred prosecution agreement works very much like a probated sentence, where a person (defendant) pleads guilty and the court (the judge) imposes certain conditions. If the person is able to successfully comply with the conditions, the charges against the person will be dismissed.

You have the option of making clear to the prosecutor (Assistant District Attorney) you want the charges against your daughter to be wholly dismissed. In the alternative, you can ask the prosecutor to recommend to the court your daughter receive a DPA sentence.

In any event, at this point, if your daughter is convicted of the felony assault for which you say she was arrested, you can be sure the rest of her life will be made very difficult. In that case she will never be able to vote, she will never be able to receive a government job, and her prospects for employment will be severely limited.

Without knowing the dynamics of the relationship you have with your daughter it is quite difficult to suggest any more than counseling. I'd suggest you consult an attorney to discuss your options and think very hard about pursuing criminal charges against your daughter.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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