Hello

  1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

assault and family violence with strangulation Domestic Violence & Civil Orders

Discussion in 'Criminal Charges' started by jojo23, Jul 10, 2015.

Thread Status:
Not open for further replies.
  1. Jul 10, 2015 #1
    jojo23

    jojo23 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    My fiance told the officer we were having a verbal altercation, that it was not physical at all, and that she did not want to press charges. The officer then proceeded to ask her if i was "black or mixed"in regards to my race several times to which my spouse responded "Does it matter what race he is?" After she replied he walked over to me and began reading me my criminal rights and he (the officer)pressed felony family violence criminal charges against me. I want to know what i should do?

    But there was no physical exchange at all whatsoever. My fiance's 21st birthday was five days prior to this, she got extremely inebriated and got into an altercation with another female at a party which caused bruising to her face and neck, we BOTH told the officer this, he took pictures of them and used this as grounds to arrest me. But you can clearly tell the difference between old bruises and new ones. So do i have a chance to beat the charges? Or should i accept a plea bargain when given? I have no prior violent charges and only one prior possession of marijuana charge. Does this matter?
     
    Last edited by a moderator: Jul 10, 2015
    jojo23, Jul 10, 2015
    jojo23, Jul 10, 2015
    #1
  2. Jul 10, 2015 #2
    ElleMD

    ElleMD Well-Known Member

    Messages:
    3,030
    Likes Received:
    496
    Trophy Points:
    83
    Hire a lawyer. If the police believe an assault occurred, they do not have to ignore it if the injured party does not want to press civil charges. Criminal charges still can apply. When someone is arrested, race is usually entered into the arrest log so it is not an uncommon question to ask when it is not clear.
     
    ElleMD, Jul 10, 2015
    ElleMD, Jul 10, 2015
    #2
    jojo23 likes this.
  3. Jul 10, 2015 #3
    txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    Hire a lawyer or accept a public defender and let him/her advise you how to plead.
     
    txls, Jul 10, 2015
    txls, Jul 10, 2015
    #3
  4. Jul 10, 2015 #4
    ElleMD

    ElleMD Well-Known Member

    Messages:
    3,030
    Likes Received:
    496
    Trophy Points:
    83
    It is not the police officer's job to judge the age of the bruise. The police do not even know about normal disagreements between people. If the police were called, this was not a normal and reasonable disagreement.

    You need to speak with your attorney about what possible defenses you might put forth and how your past might impact you.
     
    ElleMD, Jul 10, 2015
    ElleMD, Jul 10, 2015
    #4
  5. Jul 10, 2015 #5
    CdwJava

    CdwJava Moderator

    Messages:
    4,388
    Likes Received:
    329
    Trophy Points:
    83

    Can you identify this other female that caused the bruises? Were there any witnesses at that party that can testify to the other female being the cause of the injuries? I imagine that someone can testify that your fiance was thumped by this other woman and identify her, right?
     
    CdwJava, Jul 10, 2015
    CdwJava, Jul 10, 2015
    #5

Share This Page

Thread Status:
Not open for further replies.
Welcome to TheLaw.com! Please take a moment and Register today!