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
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

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.

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