Q: My husband called the police on me. I was upset over something I caught him doing.
I hit him in the arm and he called the police. He took off and left me there with the police. He didn't press charges and said he doesn't know why he did that but to scare me. Now I received notice for a court date for an assault charge. What happens now?
A:
You are accused of committing a violent crime involving family or domestic violence. Your first step is to hire a criminal defense attorney that has an office in the county where you are facing charges.
The use of force against another person can be justified by self defense, defense of property, and in a few other situations but it is not justified based on words alone (except imminent threats to inflict bodily injury.)
Your husband has the choice of helping the prosecutor, helping your defense attorney, helping both, or helping neither. Your chances of resolving the case with an expunction-eligible result are obviously better if he helps the defense attorney, but you should not influence him in his decision because that could backfire if he is vindictive.
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