Assault & Battery Assault or assault and battery

[allan1203]

I made a post a week ago in regards to being charged with disorderly conduct in my own home. I finally received the notice to appear and I'm being charged with Assault or Assault & Battery. I checked with my wife and she said that I never threatened her nor did I touch her. She also said that I did not threaten or touch the officers at the scene. She also confirmed that I never resisted arrest when they threw me through our front door and slammed me to the porch. How can you be charged with this when no threats or physical actions took place?

 

[CdwJava]

Apparently someone that that an assault and/or a battery occurred. Your attorney can obtain a copy of the relevant police reports and any evidence the police might have.

 

[allan1203]

My attorney is in the process of getting the police report but I have a witness that said I never threatened or touched anybody so I was just curious.

 

[army judge]

My attorney is in the process of getting the police report but I have a witness that said I never threatened or touched anybody so I was just curious.

Let your attorney do what you're paying them to do! When your help us needed, you'll be contacted. Do you remember what curiosity did to that cat?


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[mightymoose]

That is how they justified the arrest. We have no way of knowing what was really said that night, but if the police had reason to believe that domestic violence had occurred then they may have been bound by law to take the primary aggressor into custody.
Personally, I think that is misused sometimes as a way to avoid potential conflict rather than to punish for an act already committed.
The police report will have to explain what information the officer's based the decision to arrest you on.
I still think it sounds bad.