She told the police she didnt lay a hand on me so I was arrested on domestic 3.I need advice ,as court is soon. She is not going to court,however the state has picked up charges on me.
You just admitted that you slapped your step daughter. Whether or not some judge or jury believes it was in self defense is anyone's guess. So, stop talking about it here, and talk to a lawyer in private. Use the "Find a Lawyer" tab on this site, find a few who practice criminal defense in your area, and talk to them. Many offer free consultation.
If the state picked up the charges, as you say, you cannot rely on cooperation from your step daughter. And if court is soon, as you say, you best be moving on this real fast.
Good luck to both of you.
It is not very likely that you have a self defense argument, but it's possible given more specific facts. I highly recommend you consult with a qualified defense attorney and share your story with him or her. The attorney will be in the best position to explain possible defenses.
As for the charges, those are always the State's choice. In Arkansas you don't commit a crime against a person, you commit it against the peace and dignity of the State. Therefore it is always the prosecutor's choice as to what to prosecute. Having said that a trial is often avoided when the State doesn't have a cooperating witness. But beware: your stepdaughter can be subpoenaed to come to court, which is a court order to appear. And since she wasn't charged she doesn't have a right to remain silent, so the judge may force her to testify. And of course if her story has changed she could possibly face filing a false report charge.
All of this is why you need a lawyer immediately.
What you have said here is not self defense in my opinion, but then I do not know all of the facts.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
This does not sound like self defense. However, other defenses may exist. Contact a criminal defense attorney and speak about your case.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline