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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90102
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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have been charged with domestic assault and my wife said that

Resolved Question:

have been charged with domestic assault and my wife said that I choke her and I'm being charged now with domestic assault and she stated the police that she stab why am I being charged with domestic assault when I'm the one who got stabbed for time what can I do
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If she stabbed you and you are the one being charged, are they saying she stabbed you in self defense because you were choking her?
Customer: replied 1 year ago.

Yes but how can that be possible when I got stab on both sides of my body I got stab when I turned around I did not have my hands on her when I got stab I really dont no the full details until I turn myself in on Monday I never went to hospital but the detective called my phone the night it happened I told him I didnt get injured but I think they know I did what is to be expected

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Please understand that all we can do is provide general information because we have no access to the details of your case, the police report or evidence to review to give you anything more than general information.


Without viewing the evidence and the police report, which is for your attorney locally to do, all I can do is surmise that based on her statement and the injuries you suffered they found that the injuries you suffered could have come as a result of her trying to defend herself from your attack. Of course, while she is claiming self defense and that may be sufficient probable cause to arrest you, that might not be sufficient to actually convict you as the burden of proof on the DA to convict you is that he has to prove beyond a reasonable doubt that you attacked her and she stabbed you to defend herself and you are entitled to present evidence and/or witnesses to show it was not self defense at all and that she stabbed you before you ever touched her and you only choked her or touched her to stop from being stabbed.

This is not something that is argued with the police or the DA, it is something for your defense attorney to argue in court in order to raise reasonable doubt and if they do raise reasonable doubt then you have to be found not guilty.

Just because the police arrest someone does not mean they will be found guilty because of the different burden of proof needed to convict you in court. Thus, at this point you need to consider hiring a criminal defense attorney and turning yourself in and then your attorney will get the police report and any evidence and begin to put together your case to raise reasonable doubt and that you were the victim and not the aggressor in the case which would be grounds for finding you not guilty and possibly even getting her charged with being the aggressor and attacking you without any cause.



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90102
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you

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