What canI do about assault and battery 2nd degree?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What canI do about assault and battery 2nd degree?
Me and my fiance got into a fight and I was woken up with being pushed on my back and kneed in my side. I did not know what was going on and still to this day do not know what happened. The state pressed charges and she did not want to. She doesn’t want me in trouble or jail for basically defending myself. The release papers say no contact but we have a 3 month old child and we want to work every thing out and continue to get married. I have no previous record and the police and social worker were pressuring her to file charges but then the cop signed the papers to press charges. What do we do?
Asked on May 7, 2009 under Criminal Law, Louisiana
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am a lawyer in CT, not LA, but i practice criminal defense and have had many clients in your unfortunate situation. You need to handle this very carefully. When you go to court, you are going to want to speak to a person in the family relations department. Most courts should have some sort of department like this for domestic violence cases. This person can be your best friend or worst enemy. The family relations people are there to talk to you to make sure that this is an isolated incident and that the victim so to speak is not in any harm/danger. You want to explain what happended. The family relations person will speak to both of you individually. You want to be honest. The family relations person will make a reccomendation to the state's attorney that is charged with the responsibility of deciding what to do with the case. You may have to stay somewhere else for a month or so but you will need to discuss this with this person. I suggest hiring a local attorney or at least going for a consultation so they can at least point you in the right direction. Do not miss the court date and be very respectful and not argumentative. Good Luck!
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 AttorneyPages.com 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.