How best to fight a DV charge against my stepson?

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How best to fight a DV charge against my stepson?

I was arrested for domestic violence simple battery against my 15 year old step son. He hit me first and continued to hit me until I grabbed him and shoved him off of me. I grabbed him by the throat trying to get him to stop. He did not tell the police this of course. What will happen to me if he does not show up for court?And what will happen if my wife goes in and tells them the truth about what happened. It was self-defense.

Asked on October 27, 2011 under Criminal Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your stepson does not appear at the court hearing to give evidence against you, the prosecution will have a very difficult time in proving its case against you for domestic violence. The prosecution has the burden of proving the claims against you beyond a reasonable doubt standard.

Having your wife attend the hearing to tell what actually happened will benefit you. Hopefully you have a criminal defense attorney representing you in this matter.

If your stepson does not show up at court, most likely the charges against you will be dismissed.


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