I was sitting in my room at my computer. My sister, who is much bigger than me, entered screaming at me. I proceeded to exit the room, when at that point, my sister struck me on the left side of the face. I tried to get away, when at that point, i struck her three times in attempt to flee the situation. There was a fire arm in the room, and no other exit. My sister had recently been released from a mental hospital for a suicide attempt, and my mother can attest to her frequent violent behavior. She does not live with me and my mother. I was arrested and charged with "assault on a female," I believe this is a domestic case. My sister has agreed to drop the charges. What are my options? and how should I proceed?
Criminal Defense Attorney
Don't post facts about your case online. If you're not 18 or over, you can't be charged with AOF against her. Although you could be charged with simple assault. Talk to a lawyer. You certainly need a lawyer.
<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or <a href="http://www.chetson.com">Raleigh DWI attorney</a> in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.
Criminal Defense Attorney
You hire an attorney. Your sister does not have the option to drop the charges. You are also under , most llikely, a protective order re prsence AND contacts with her. Your post indicates you may have been. That could be not only a contempt charge but a disuading a witness charge as well. You need an attorney. Hire one and prepare for trial.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv
Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.
DUI / DWI Attorney
Sounds like self defense to me...however you can't escalate the situation by responding with more force than necessary to 'nuetralize' the assailant. If you've got no criminal history an attorney should be able to make some headway with the assistant district attorney assigned to your case. If your sister is struggling with some mental health issues, it would be a shame to have her undergo a cross examination during a trial. Family counseling would seems like a more productive use of time and resources.