What to Do If You’re Arrested for Domestic Assault and BatteryDec 08, 2020, by Domestic Violence in
Maybe a fight got out of control, or maybe your partner is trying to weaponize the criminal justice system against you. Whatever has led to you being charged with domestic assault and battery, you absolutely have to take this situation seriously and start planning for your future.
Do Not Try to Defend Yourself
If you’ve been accused of assault and you’re now under arrest, it’s likely that your first instinct is to defend yourself. Few people set out intending to hurt their loved one, and you may want to explain what led up to the fight or prove what a good partner you are in other circumstances.
Ignore this instinct and do not even try to defend yourself. Remember, anything you tell the police can and will be used against you. They aren’t looking for evidence that you are innocent; they are looking for evidence that they can use to get you prosecuted. Even the most innocent statements can be misinterpreted in a way that harms your case.
Hire an Attorney Immediately
That’s why you need an attorney right away. You should only speak to the police or investigators when your attorney is present. Your attorney will be able to identify different lines of questioning, see what type of information or evidence the police are looking for, and help you avoid implicating yourself. The police may tell you that asking for an attorney makes you look guilty or that you’re only hurting your own case by asking for legal counsel. Again, ignore this. Remember, they are not on your side. You need a legal advocate who is entirely on your side.
Consider Your Family Law Needs, As Well As Your Criminal Law Needs
In the case of domestic assault and battery, your criminal issues can often get tangled up in your family law troubles. That is to say, if you are charged with domestic violence, you risk losing access to your children, your home, and your assets. You need to fight for your right to parent your children and prevent them from being used against you in your case. Discuss your concerns with your attorney and let them know if you have had any issues with your partner withholding the children previously. They can help fight for your rights as a parent or recommend a family law attorney to you.
Know the Evidence Against You
Throughout the process of your case, you should know exactly what’s happening and what the evidence is against you. Your attorney should discuss the evidence with you, tell you how reliable the court is likely to perceive it to be, and how it may affect the outcome of your case.
It can be hard to look at or hear evidence that paints you in a negative light, especially if you pride yourself on taking care of your family and loved ones. However, you need to put that aside and be ready to face the facts. Your future depends on it.
Understand Your Options and Their Implications
As your case progresses, you’ll have different options at every step. Pleading guilty or not guilty, taking a plea deal or going to court, and accepting a last minute plea deal are all options you may have to weigh and evaluate. Your attorney will provide the best advice they can, but ultimately the choice is yours. Don’t be afraid to ask questions. You might ask if your career will be affected if you choose one route over the other, if one option will negatively impact your custody case, or if you’ll need to give up firearms with any options. The choices you make right now will affect you the rest of your life, so make sure your attorney knows what matters to you and what outcomes you’re hoping for.
Contact Davis Law Group Today to Discuss Your Criminal Case
Having the right attorney on your side can make a huge difference in your criminal case. Everyone makes mistakes, but it’s important to keep those mistakes from derailing the rest of your life. At Davis Law Group, you get access to a team that fights aggressively to protect clients’ rights and get the best outcome possible. The sooner you contact us, the sooner we can start fighting for you. Call us at (313) 818-3238 or contact us online to set up a consultation.