New York, NY asked in Criminal Law for New York

Q: I was arrested for domesticincident with current gf but I have all the marks and bruises. Can I just claim self defense?

I'm guessing I could have her arrested after the fact for assult or something but she has little children at home and o don't want to do that. I just need this to go away and would appreciate any input. I have details and specifics if you need them.

My biggest issue is that I make over the limit for a PD but I'm separating from my wife, selling my home and trying find an apt. I just do not have much in the way of available funds

Related Topics:
1 Lawyer Answer
Kristen Epifania
Kristen Epifania
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: You could potentially have her arrested, but it may look like retaliation since you have already been arrested yourself. Make sure you take photos of all of your injuries as they will be helpful for your attorney when discussing your case with the DA. The goal would be to avoid a criminal conviction, but if there is an argument for self defense then a dismissal would certainly be favorable.

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.