How best to fight a charge of domestic battery?

UPDATED: Dec 2, 2010

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How best to fight a charge of domestic battery?

I was recently charged for DB. My wife and I had gotten into an argument and she ended up pouching me in the face, leaving me with a black eye. She then called the cops and said that I had hit her. When the cops questioned her about my black eye, she stated that I must have given it to myself. She had no marks on her, but insisted that I was the one hitting her. We were both charged and issued summons in lieu of arrest. The police took pictures of my black eye for evidence. I have never had an offense before this. What are the odds of having having my charges dismissed? Should I speak with a criminal law attorney? In New Orleans, LA.

Asked on December 2, 2010 under Criminal Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

DEFINITELY speak with a criminal defense attorney--and before you do so, do not say anything to the police or other authorities. (Invoke your constitutional right against self incrimination, often called the right to remain silent.) Essentially, while you need to heed your attorney's advice, there are two strategies: (1) attack the evidence or proof, to show that there's no evidence, for example, of you actually striking her; (2) attempt to bargin to a lesser offense or punishment, such as by showing contrition and citing your lack of a record. What is better will  depend on the circumstances, which is why you need to talk to a lawyer in depth. Also consider whether you should speak with a divorce attorney--from what you write, your wife lied to the police to get you arrested.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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