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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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I was recently charged with Battery on a Household member.

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I was recently charged with Battery on a Household member. The person I was charged for doing this to was my ex-girlfirend that I had found recently cheating on me. She wanted to meet up a bit later to say sorry and talk and offered to buy drinks. We went had a couple and she stated she was to drunk to drive and asked if she could stay with me. I hesitantly agreed, when we got to my house she threw up for the second time. When coming back from getting her water argument broke out since she was texting the guy. A knife was picked up and involved. When she wouldnt let go of it, so no one would be hurt when I jerked it form her the butt hit her nose/eye. She instantly let go and fell back hit wall, I tried calling 911/ her parents and offer to take her to the hospital well over 20 times due to her wounds. She stated constantly it was not my fault, dont worry about it. After spending the next day with her, and dropping her off at her vehicle I'm at my mothers residence 5 hours afterwards and cops show up and arrest me. I admit I was upset, and could of used some better language and tones but I didn't mean/intend to hurt her at any point for any reason. Am I guilty? Am I at fault? Should I fight it?
Second question is I am in between jobs and can't afford 5-10k for a attorney right now and my credit is not good. Outside of the Public Defender is there any programs or anything out there I can do to get help paying/obtaining a attorney that can help me instead of working a deal with the DA? Thankyou.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 6 years ago.

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.


Here is the actual statute for what you were charged with, in part:


30-3-15. Battery against a household member.


A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.


B. Whoever commits battery against a household member is guilty of a misdemeanor.


Now, I can't tell you whether you are guilty, if you are at fault. I don't have all of the evidence, I don't have a police report, etc. However, the key word in that statute is "intentional." If her injuries resulted from you trying to take a knife away from her so she would not hurt herself or you, and in grabbing for the knife, she was injured, I don't think that is a battery because you didn't intend to do that.


With respect to your second question, if you are low income, you would need to go through the services of the Public Defender's Office. That is what the service is set up for. Unfortunately, private criminal defense attorneys will usually not take cases pro bono. Remember that even using a public defender, they are qualified lawyers, and they work for you. If you don't want to take a plea, and would rather go to trial, that is your right, and you need to make that clear to your lawyer.


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