The state will have to prove beyond a resonable doubt that a battery occured. A qualified criminal defense attorney will be able to put forth the best possible defense.
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Oftentimes due to poor police investigation the one who leaves the scene becomes the defendant. This, of course, is because the police only heard one side of the story. Proper investigation involves gathering all the facts--and this includes speaking to both parties. Unfortunately, some officers have an attitude of 'arrest first and let the court figure it out later' and this can lead to the wrong person being arrested.
The only way to fight this is to hire an attorney (or if you can't afford one to request a public defender). If your attorney investigates the situation and uncovers facts that indicate that you are innocent, and the state agrees, the charges may be dropped. If the state does not agree, your best course of action may be to proceed to trial.
In the meantime do not contact the alleged victims or speak with anyone other than your attorney about what happened. Also, do not wait too long to hire an attorney. You want to ensure that your attorney has adequate time to investigate and, if the judge allows, to do depositions (ask questions of the parties involved under oath). Good luck.
Victims many times can become the suspect in domestic violence with sneaky partners, who know to call 911 first and make up a story and maybe hit or scratch themselves so it appears that the aggressor is a victim. Documentation of previous incidents, aggressive and/or threatening text messages, letters, notes, etc. can be helpful to assist a criminal defense attorney and the prosecutor understand that this was a setup and that the "victim" is really the perpetrator. Hire a good criminal defense attorney. Avvo has a list of good criminal defense attorneys in your locale.
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Here is a link to all of the Avvo rated criminal defense attorneys practicing in 'Imperial' Polk County: http://www.avvo.com/search/lawyer_search?utf8=âœ“&q=criminal+defense&loc=Polk+COunty%2C+FL&commit=Search&ref=nav_search.
Interview several and retain the one you are most comfortable with.
James Regan, LL.M, Esq.
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