What canI do about assault and battery 2nd degree?

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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 12 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!


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