Currently, I am representing a husband who was having a verbal dispute with his wife. When he wanted to leave the scene she stood before the door and refused to budge. He called 911.
Before the police arrived they exchanged insults until a physical altercation erupted. By the time the police arrived and gained entry the premises looked like a war zone. Each party was injured and each claimed they were acting in self defense. Among of the wife’s claims were strangulation ( with which my client has been charged) and assault for tearing hair from her head.
He suffered abrasions to his head and arms and, grotesquely, a chunk of skin and flesh had been bitten out of his arm. If the couple’s child was present he would have bern arrested for Risk of Injury.
My client was arrested his spouse was not. A protective order was issued against him. When he wants to visit with his child he must arrange through a third party. His wife has refused to cooperate to date.
The laws mandatory arrest law’s mean the police determine who was the dominant aggressor based on their interpretation of the available evidence, even when they were not present and there were no witnesses. Needless, to say sometimes the wrong person is arrested and another who should be is not. The Dominant Aggressor Law which became effective provided police officers with the discretion to arrest one person instead of two. I’m opposed to this arbitrariness which very often tips the scales of justice unfairly against the arrested party. Dealing effectively with that perceived unfairness is part of my job as a defense attorney
At first his wife told police she was not afraid of her husband and did not want to press charges. Subsequently, she changed her mind and signed and swore to her version of the events, Now she wants him prosecuted to the full extent of the law.
It is a difficult case and it touches upon many charges that are often linked to criminal Assault allegations. I am prepared to attend a pre-trial conference with a prosecutor and Judge. My legal representation is confidential but I am convinced I can shed light on the matter which will alter the dynamic in his favor.
In the meantime he has been suspended from his employment where he has worked for a lengthy time period, established an enviable record of accomplishment, and enjoys an impeccable reputation.
It is a serious case and a contentious one but I’m accustomed to being a criminal defense lawyer. I welcome the opportunity to represent a citizen who has the full power of the State arrayed against him. It is a challenging profession but I would not want to be anywhere else. As I’m here for my client, rest assured, if you need my services I will be there for you.
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