Q: I was arrested for domestic violence. If the court finds out I was actually the victim can my husband go to jail?
My daughter called 911 because my husband and I were fighting and when she came into the room I was unconscious on the floor. He said I hit him but there are no marks on him and I do not remember hitting him. I have a lot of bruising that I have taken pictures of. The officers said they had to arrest someone so I asked them to take me. I know if this comes out I can probably have the charges dropped but I don't want him to go to jail which is why I went in the first place.
A:
First off, I am so sorry you are experiencing this.
As for your question, you can certainly report that your husband was the initial aggressor and you are the victim. But the fact that you already admitted to being the aggressor will likely be considered against you and the police/DA may not elect to press charges against your husband given your prior admission of fault. That said, you can certainly defend yourself and claim self-defense, it seems, given your extensive injuries. I think it would be difficult for a jury to convict on the facts you've presented here, but you will need to confirm this with your public defender or by hiring a private lawyer. Do this as quickly as possible in order to get ahead of these issues.
1 user found this answer helpful
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.
