I was arrested for DV, and totally confused as to why or what to do.

Asked about 1 year ago - Tampa, FL

my husband and I had a party at our home, we all had been drinking. I got in a verbal fight with a girl. next thing I know her cousin smashed my head- I try to run inside but my husband held me back and told me to calm down perhaps thinking I was gonna grab something or go crazy. My brother in law called the police and I was arrested for open hand hitting my husband. Nobody pressed charges, no pictures were taken. Did I act in self defense or did I commit a crime?

Attorney answers (5)

  1. Michael Charles McGinn

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . Well the first thing you should do is consult with and retain am experienced attorney. Domestic violence is something you do want to have on your record. It is up the State Attorney as to whether you will be charged or not. An attorney needs to speak with you and then they can contact the State Attorney to give them your side of the story. An attorney may be able to prevent charges be filed. If you need any further information please feel free to contact me. I wish you the best of luck.

    If you find my answer to be helpful or the best answer, please make sure to mark your choice. **COMMUNICATION ON... more
  2. Joshua Eli Adams

    Contributor Level 14

    6

    Lawyers agree

    Answered . Self defense is an affirmative defense that you may have to assert in trial. It sounds as if you are being charged with the crime. You should hire an attorney, who may decide to see if the alleged victim is interested in declining to prosecute, which may or may not matter to the state attorney's office. If the case is charged and, after litigating it and filing appropriate motions, the state still wants to go forward, you may need to take the case to trial. I suggest you hire an experienced attorney now. Feel free to contact me if you have further questions, including related to the specific facts of your case. An accurate assessment is difficult to give based on a question on the internet.

  3. William Charles Rosenfelt

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need to talk to an attorney asap. Depending on what you did, you might need a criminal defense attorney but certainly a family law attorney.......

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
  4. John Arthur Smitten

    Contributor Level 18

    4

    Lawyers agree

    Answered . consult with a lawyer.

  5. Joseph Julius Registrato

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . Alcohol, that great instigator, is at it again. Seems like nothing good ever comes of these things. But, we all must deal with the wreckage. Whether you acted in "self defense," and everything else needs to be handled by a professional, ma'am. Do not try to piece it together yourself, because it's impossible for you to do that. As all the other lawyers have already advised, get yourself a lawyer and let him/her get the discovery and figure out your best defense.

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