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Mel's Dilemma: Fight Charge or Protect Family

3/9/2011 11:00 AM PST BY TMZ STAFF

Sources directly connected to Mel Gibson tell TMZ ... he's aware he's going to be charged with a crime, and is "agonizing" over the prospect of putting his family through a public, knock-down, drag-out trial.

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We're told Mel is confident he will only be charged with a low-level misdemeanor.  Nonetheless, he is uncertain if he has the stomach to endure a 1-year legal fight and is worried about the impact it will have on his children.

As TMZ has already reported, Mel will be criminally charged with a misdemeanor over the January 6, 2010 blowout between him and Oksana Grigorieva.

We're told the D.A. will file charges against Mel this week -- very possibly today.

260 COMMENTS

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256.

Yvette    

Go fo it Mel. All she ever wanted was your money. She trapped you!

1234 days ago
257.

IA_among the banned    

Courtesy of Sweetheart. Enjoy.


_______________________________________________________

Something is very wrong but oksa is charged too as hororwitz stated that "we need to gather facts" before his meeting with the DA tomorrow.
Something isnt rigth at all.
She cant get free from all this she jsut cant walk free.
The articles were written wrong too
Mel get no jail time but its written wrong so it sound like he dont get jail time cause he do a plea deal. But its not the case.
He isnt charged wiht jail at all to begin with.

He is charged with simple misdemeanor of the lesser kind.
Menaing no injury done to the spouse, which mean that he never broke her veneers, nor beat her, nor punched her, nor chooked her, nor hut the child, nor was it done in front of a child, nor did he brandished a gun.

It mean that all those stories by oksana are judged to be faulse and made up which also mean she will be charged for lying under oath, and to a judge, police and so on.

Now this is about the DV, it means the DV is recused, not accepted, challenged and doomed as being not accepted.

Mel is only charged for what he charged himself with , not with what oksana said.

He is charged with misdemeanor of a lesser kind based on what he said on HIS declaration to the police prior to the DV case being filed, in June 20, 2010.
The DV case was first filed on June 22-25 2010.

So this misdemeanor charge he plea deal with no contest for,do not imply corporal injury on oksana, and is based on HIS own version of what happened on January 06, 2010. and NOT on what oksana said.
Which mean that all what she said is untrue, and that the DA and prosecutors beleive it to be untrue.
Mel cannot plea otherwise since its his own words in this case, from his own deposition to the police.

Now, the extortion charges have not surfaced yet.
And since Mel's charge show that they beleive him and not her, it also imply that they beleive she lied about the DV, and that she extort Mel Gibson and that she made up the DV to add to her extortion.
Which mean that now the DV case she made has turned agaisnt her and is being used to prove the extortion.

To threaten him with DV was part of the extortion too, who started in late June 2010.

- So there is 2 extortion charges and proves:

1) one of the negotiations that went on from late February to culminate during the May Mediation in May 14-15, and who ended in the email exchanges wiht Eric George in June 2 and 3, and

2) The extortion that started wiht oksana email exchange to Eric George in june 3 and went on all sommer 2010.

This second extortion charge include fabricating a story of DV, and fabricating material prove of it, and bribing witnesses, in order to have a case to show up, and reusing the tapes from extortion part 1, into the DV-extortion part 2, to make it sound like if they were part of a domestic violence situation.

Then use the tapes from extortion 1, to aggravate Mel Gibson's overal stuation during extortion 2, and push him into a corner, to make him fear worse and wait and see "where the chips fall", as she clearly expressed it to Eric George in June 03, 2010, via email, hoping for a bargain from Mel, with a huge financial pay off.

That extortion plot number 2 didn't work out either, while the first one in February-May, had partialy work out as she planed.

So there is 2 extortions cases here.

We now know, from the DA decision on Mel Gibson, for a lesser misdemeanor who do not invlve physical injuries, that the prosecutors beleive Mel Gibsons version of the facts, and not oksana's, and have physical proves to support that, implying that she lied and that there was no DV at all.

Mel is NOT charged with domestic violence but with DB: Domestic Battery, for slapping her to rescue the baby.
Therefor the misdemaour of a lesser kind.

No matter if justified, as the DA beleive it was there, and no matter if it was to save a baby, a slap on the face is a misdemeanour under Domestic Battery in CA; - and not under Domestic Violence, mind the big difference - and therfor the DA couldnt just let it go as the accusation comes form Mel Gibson's own declaration, from Mel Gibson himslef.

But it doesnt imply they beleive oksana nor that they wont charge her.

It imply that they beleive Mel Gibson, and beleive that she is an extortionist.

Mel Gibson plead no contest to domestic battery (NOT DV!) because he is not guilty, and the plea deal do not imply he is guilty of anything.
To dont mix up with "plea bargain" like in lindsay lohan case, who do imply one is guilty.
This one is totaly different.

Mel Gibson can still sue oksana for extortion, even he aknowledge the misdemanour.
The misdemanour occured on january 06, and is a simple domestic battery, while the extortion started in february 19, 2010 and is a major criminal act.
So one do not exclude the other.

Mel Gibson slaping oksa, from his own honest word, doenst imply that she never extorted him! its crazy to think that way!

And nobody has said that oksana wasn't charged with anything.
She is charged.
Horrowitz wont be "gathereings facts" as he put it, if she was getting out for free and was cleared. She is not.

She has a dobble extortion charges pending on her head, and is a recidivist, since even after being warned by lawyers, her own and Mel Gibson's lawyers, in April and May 2001, that this was extortion, she kept at it, signed it, and begin a new extortionist's move of worser caracter, involving fake DV, that she carried through during all summer and fall 2010.

Wait and see.

What does the law say?

--Under California law, domestic battery is an offense known as a "wobbler," meaning that it can be charged as either a misdemeanor or a felony depending on the severity of the individual case.

Misdemeanor battery carries a maximum penalty of a one-year jail sentence and a $2,000 fine. However, if serious bodily injury, such as broken bones, loss of consciousness or a concussion occurs, the battery will likely be charged as a felony which carries a maximum of four years in state prison.--
http://www.nocuffs.com/domestic_violence/battery/punishment_domestic_battery.php

Note that a felony offence requires serious bodily injury, like *concussion*. Obviously Miss Oksana's little game play didn't work.

Definition of Simple Battery
A simple battery occurs when you:
1) Make intentional contact of an insulting or provoking nature; or
2) Cause intentional harm to another.

Mel already pleaded a "no contendere", you should read the article above better, it says:

"Our sources say Mel will appear in court Friday and will plead no contest to simple battery -- a lesser charge than corporal injury on a spouse. "

NO CONTEST MEANS NO COTENDERE. its english for the latin version of it.
thats the article jason was working on yesterday while harvey was doing tmz live..

Its a plea deal no cotendere - mening Mel Gibson make no contest/no objection to the sentence reached by the DA's prosecutors... as this sentence is based on Mel Gibson's own version of what happend during the janaury 06 incident, and not on oksan's version.

He cant disagree wiht himself as it will be the same as stating that he lied when he gave that declaration to the police.
So he plead no contest. Doesn't mean he is guilty of anything.
As harvey underlined this so many times, on tmz live, he cant go around that one since he said he had slap her. But we are far from oksas declarations of DV!

This is no DV sentence.
This is a domestic battery charge, of the lesser kind, a low DB.
So oksan lost the DV case.
:)))

- Mel Gibson win and is not charged for DV. -

Only oksana lose and will be charged, as its a felony to give faulse declarations to the police and judge and lawyers under oath.
So oksana and horrowitz have lost the case.

Therefor they are not gloriously happy, but paniking as hell, and making up stories that the DA is furious, using Radar as trompet for their rage!
but TMZ never said they had the info form Blair Berck, they said form "their sources", based on which they then contacted blair berck about it.
But that first leak came form someone else.. hororwitz, who then reused it to act the victim.. first time blair make a declaration, in this case, when he done so for ever, and he want us to beleive he is choked and outraged?
man up dwart!
For him to grab at straws in a desperate attempt to influence the DA's iminent sentence on oksana, in the last days and hour of this case, show how desperate he is, and how much a loser he is, and that they have lost the case, both cases!
Both the DV and the extortion case!

HORROWITZ AND OKSANA HAVE LOST THE DV CASE!

REALISE TOO THAT THIS IMPLY THAT SHE WILL BE CHARGED FOR EXTORTION, AS IF THERE WAS NO DV, AS THE DA'S SENTENCE SHOW, THEN ALL WHAT IS LEFT ARE TAPES MADE WITHOUT LEGAL REASONS, AND NOT OUT OF FEARS, BUT TO BE USED AS WEAPON IN HER EXTORTION SCHEME, WHICH IS PERJURY AND FELONY, AND USED TO EXTORT MEL GIBSON FOR MONEY USING HIS HIGH RISCK IMAGE BY LETTING THOSE MATERIAL GO TO THE MEDIA, AND NOT TO PROTECT HERSELF SINCE SHE WAS NEVER IN DANGER..

THATS WHAT THIS CHARGE OF MISDEMEANOR TELL US.

SO MEL GIBSON GETTING A MISDEMEANOR OF A LESSER KIND, TALK FOR OKSANA BEING CHARGED FOR EXTORTION.

THE DA CANT DO ELSE NOW.
THE PROSECUTORS TOOK NO RISCKS AT ALL HERE:

Mel accused himself of simple misdemeanor in his own declaration to the police, so they charge him with it which has no impact on him at all.
He is free, there is no jail time connected wiht a lesser misdemeanor in domestic Battery, so he isn't doing a no contendere plea deal to dont get jail, as there isn't any jail time for him here to begin with anyway, but he do so to admit to his own declaration to the police, that he slap her.
He cant go to a jury and say I didnt slap her, when he already said he did.

But its obvious that by abiding to Mel's version of the event, the DA is denying oksan's version.
and that mean that there was no DV, all was made up.
The tapes, the threats, all was to fulfill the alone purpose to get money from Mel Gibson using his fear to be seen as a rageous man on tape..

So the person who was in fear during all this time was Mel Gibson and not Oksana.

Which also mean that the recording were done illegaly
and that she had no reason to walk away from the mediation deal, but the finacial aspect of it, to get more money, and not to protect Lucia, as Lucia couldn't be in danger to be with Mel Gibson, since the DV never occured...

That charge, of lesser misdemeanor in DB (domestic battery), imply that oksana is guilty of extortion, as it eliminate her DV story, who was her cover up for the extortion.
If no DV, then it was an extortion indeed.
Therefor too those 2 cases were always linked together since day one.

Now Mel isnt charged with DV, the DV charges and evidences have not been acknowledged by the police nor the DA's prosecutors, meaning they were all faked and have been proven to be fake.

The DV being fake, inexisting, then all what is left for reaosn for oksa to bargain wiht recordings of phone calls, in February 19 to May 15, 2010, is EXTORTION.

Therefor too she said to her email to Eric George in June 2 and 3, 2010, "They are bluffing" " he is too scared of this coming out".. about Mel Gibson and his lawyers charging her with extortion, if she went with disclosing the tapes to the media.
So she made the DV evidences and charges to get more money than the mediation offered her, and at the same time to cover up her extortion and fill the loope holes her mediation was fill of, as recording phone calls is forbiden, but alowed if her life was in danger, and as getting off the mediation, not cause money wasn't enough, but cause lucia wil be with Mel Gibson without supervision, which she never ask for during the mediation nor after she had signed it!
Claims we knew to be faulse, and who have now been proven, as:

The DV charges made by oksana have been refuted by the DA and not accepted, which imply that she extorted Mel Gibson twice: in february 19th, to june 2, 2001, with the recordings of over 9 phone calls, and from June 2, 2010 to September 2010, with a DV, to get more money.

I bet she will be charged for dobble extortion. :))


OKSANA LOST THE CASE AND MEL GIBSON WIN IT ALL!

MEL VERSION WIN AS NO DV CHARGES HAVE BEEN FILED AND WHAT REMAIN ARE EXTORTION CHARGES WHO LOGICALY ARE REINFORCED WHEN THERE WAS NO DV!

OKSANA LOSE! HER DV WAS REJECTED! EXTORTIONS CHARGES IS WHAT REMAIN!

1234 days ago
258.

Debbie    

Mel is in a hard place right now Good for him I believe he would have won this case hands down. Oinky has played her s to the worlds media where as we know SHE HAS LOST ALL CREDIBILITY.

SHE HAS LIED TO THE INVESTIGATORS AND EVERYONE GONE AGAINST THE JUDGE AND WE ALL KNOW THE REST. WHEN DV ORGS stand up in the media and disown her what does that tell you.

The whole world know what Oinky is. A nothing, nobody and a wannabe.

Mel is putting his children and Robyn before her and that speaks volumes to me

When Reinna was beaten to a bloody pulp her boyfriend got a suspended sentence and community service.

She has hard proof 911 calls evidence Pic's the whole works.

Oinky had nothing but lies she thought the world would take her side but no.

If a civil suit comes I bet you all the dirt will come out abut her and she will get nothing.


At long last Mel can see the light at the end of the tunnel
Debbie

1234 days ago
259.

Nicole     

Blair Berk is awesome.

1233 days ago
260.

GatorMom    

OMG TMZ!! We are soooo sick of Mel Gibson--move on!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

1232 days ago
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