Wynne, AR asked in Constitutional Law and Criminal Law for Arkansas

Q: Can I be charged DOMESTIC BATTERY 2ND DEGREE by police department even tho the victim didn't try press charges

The police made there own story up. She bruises easy and she hurt her arm from falling over night stand I was just taking her to hospital and they came and got me on old warrant

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Arkansas, you can be charged with domestic battery second degree by law enforcement even if the alleged victim does not press charges. This is because the decision to file charges in a domestic battery case is often made by the state, not the victim.

Law enforcement officials can use their judgment to file charges based on the evidence they observe, which may include physical injuries and the circumstances under which they were sustained. The fact that the alleged victim bruises easily or claims the injury was accidental does not automatically prevent the police from pursuing charges if they believe a crime has been committed.

If you are facing such charges, it's crucial to seek legal representation. An attorney can help you navigate the legal process, represent your interests, and ensure that your side of the story is heard. They can also challenge any evidence that you believe was incorrectly interpreted or gathered.

Remember, domestic battery cases can be complex and carry serious consequences. Legal guidance is key to understanding your rights and options in this situation.

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.