Assault & Battery First Offense Domestic Violence Simple Assault

[jonfarrell]

I have been charged with simple assault under the domestic violence statute. I have no prior convictions and this is my first offense. If I plead guily, am I likely to get a suspended sentence? Can I ask for titel 40 expungement at my court date? Also, she hit me but I did not tell the officer (so she would not be arrested) and i took pictures, after being bailed out, of the cuts and abbrasions. Do I have a chance at a self defense? I told the arresting officer it was self defense so it should be in his report. Thanks for your help.

 

[seniorjudge]

What statute number are you charged under?

 

[jonfarrell]

39-13-111

I dont know for certain, at arraignment, the judge said you are charged with simple assault under the domestic violence statute. thats all he said. Any ideas?

 

[CdwJava]

To make a "self defense" justification, you will need the services of an attorney. You will need to show that you were the victim of an assault (or battery - depending on how your state defines these) and that the only or best way to protect yourself was to attack your attacker in response. This is no always an easy thing to do. If you chased the other party down, or attacked them even after the assault on you was over, then the self defense claim will likely fall flat.

Consult local counsel.

- Carl

 

[jonfarrell]

Thanks for the help, i have hired a local atty to handle this, i will report back on what has happened to me.