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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16503
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi, I am recently involved in a Domestic Violence case. I am

Resolved Question:

Hi, I am recently involved in a Domestic Violence case. I am the victim. I just had a terrible fight with my girlfriend. She attacked me first. But I didn't fight back. Then she bit me and kneed on my face. My nose was bleeding and my incisor was almost broken. After that, I pushed her twice because she didn't want to leave my house. However, it didn't hurt her. Later, someone in my neighborhood called the police and she was arrested. Also, the police took pictures of my injuries. Now she was charged with DV and another crime (I am not sure about the name). Because she is an immigrant, she doesn't want to plea guilty. Therefore, she will choose to go to jury trial. Recently, someone tells me that she is gonna use self-defense to survive. I just want to ask, if she wins the case in the end, will the police charge me with DV instead?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Most times these matters do not go to trial, as the risk of incarceration to say nothing of deportation will be too high.

The police saw you and took pictures of your injuries. They also saw her and they didn't appear to have any problem knowing who to arrest.

As a general rule, the prosecutor does not turn on his complainants. They don't want to discourage victims of domestic violence from reporting crimes. And if they went after every complainant after the state loses a case, nobody would ever come forward to report a crime. So her testimony would have to be completely believable and your supposed behavior would have to be over the top before the prosecutor would go after you. I wouldn't give that any serious worry.

However, if your girlfriend has a history of abusing you, that is relevant information, no matter what her defense to the charge will be. You absolutely must let the prosecutor know that this was not an isolated incident. No need to tell the police, as the case is now out of their hands, since she's been arrested. But you do want to call the prosecutor in charge of going after her, sit down, talk over what happened with him and give him any background like that you think may be helpful to your case.

You are the start witness in this case, and so the state will be very glad to hear from you and to talk to you.

Good luck!

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16503
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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