Minot, ND asked in Criminal Law and Domestic Violence for North Dakota

Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?

On a sunday evening my girlfriend struck me without warning and without our voices being raised, I instinctively responded and had struck her and put her on her back AFTER she blind-sided me. She had hit me again and i returned the punch and rolled off her and repeatredly told her to leave. 2 days later she got arrested for stealing a puppy from local pet store. 3 days after that (5 days after incident) i get arrested for aggravated assualt domestic violence because she had gotten pulled over and charges with DUS and while at the police station lied to the officer saying i struck her without any reason and neglected to mention she struck me first. I spent a week in jail before bonding out. She has emailed the states attorney saying i never 'chocked' her as the officer said in his affidavit. In fact his entire statement is full of lies when comparing it to the body cam footage I had been given in the discovery. My first court appointed attorney refused to file motion to dismiss.

1 Lawyer Answer
Lucas Wynne
Lucas Wynne
Answered
  • Criminal Law Lawyer
  • St. Louis Park, MN
  • Licensed in North Dakota

A: It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.