Can I get charges dropped if I was defending myself?

There are a lot of details missing from your question, but I will do the best I can. First, in regard to not being read your rights, the charges cannot be dropped on that account. If your rights were not read, then they cannot hold anything you have said after being put into custody against you. In dealing with your charge, which I am assuming is battery, or domestic violence, there are a lot of variables that factor in to a "self defense" argument. A person can only use reasonable or necessary force when they are protecting themselves. In your question you said that she had put her hands on you, your defense would depend on how and how hard your ex was hitting you. If she was attacking you in a way that made you afraid for your life, then it would be reasonable or necessary for you to use more force. If she was simply pushing you, then striking her might not be considered reasonable or necessary. If the force you used was reasonable and necessary, then you could do something about your charges.

The short answer is that you should talk to your attorney who is representing you in your case. A battery is a harmful or offensive touching. Self defense is an assertion that can negate the charge of battery. Domestic violence is a form of battery, adding the element of tow persons who live or share a child together. Therefore, you seem to be charged with a harmful or offensive touching, and self defense can be a defense. If you go to far in your self defense, or if you could have simply walked away, then the self defense claim can fail.

I would recommend that you retain an attorney to assist you with this matter. If you cannot afford to retain an attorney, the court may appoint an attorney to represent you at the public's expense. If you need specific legal advice for your particular circumstances, you will need to consult with a properly licensed attorney in your particular jurisdiction and state who has access to all your materials. Speaking in general terms, anyone charged with an offense is presumed innocent until proven guilty. The prosecuting attorney has the burden of proof. There is always a mathematical possibility that a case will be dismissed; albeit, the odds of a case being dismissed depend on the unique particular circumstances involved. Speaking in general terms, yes, "self defense" may be raised as an "affirmative defense" to an assault charge. However, ultimately, questions of guilt or innocence are factual questions that are determined by either a judge or jury. Ultimately, a jury or judge would need to determine if the claims of "self-defense" are credible. If a "self-defense" affirmative defense is not viewed as credible by a judge or jury, a person may ultimately be convicted anyway. Simply claiming "self-defense" may not be enough. This particular affirmative defense is a potentially risky strategy and needs to be presented in a certain manner. Anyone who is contemplating that type of particular defense should only do so after a careful review of the applicable state laws and case law preferably with the guidance of an experienced criminal defense attorney.

You are a defendant now in a criminal proceeding and you need to be represented by an attorney. Can the charges be dropped? Sure. It's possible. But you still need an attorney. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.

The justification defense is an affirmative defense whereby you are essentially admitting to the act but saying that you are not legally culpable because you were justified within the meaning of the law. You need to consult with your attorney on the facts and circumstances of the incident and make a decision on how to proceed with a defense strategy.

Self defense is a defense to a charge of assault. However, this is an issue you may have to take to trial. It may not be so easy to have teh case dismissed without a trial.

Not likely. Self defense stops when the threat stops. Your hitting her is a new act of battery. You need a lawyer on this matter ASAP.

Does not sound like it. get a lawyer or be prepared for 26 weeks of anger management.

I'm sorry to have to tell you this, but you need to hire an attorney right away and fight this properly. You apparently have not had any contact with the system. It doesn't operate the way you think it does. NO, they will not likely drop the charges based upon the fact that you're going to be in a Domestic Violence Court. It is often the worst Court in the system and it is heavily prejudiced against the "assaulter" even if he has been hit first. In other words, you need to have a strong attorney represent you or you could have a very bad outcome that you won't like. I don't know how to be anymore direct than that. The fact that you have witnesses will help of course, but make sure an investigator gets a sworn statement from them as soon as possible so they won't later change their testimony and if they do, you can impeach them with the prior sworn statement. This is an important case and you should hire a lawyer to represent your interests if you want the right outcome. Without one, you are a potential victim of the system and that's the last thing you want when you're innocent. Good luck.

Self defense is a valid defense to any type of assault, battery, or domestic violence charge. However, you will have to be able to convince the judge or jury that you were truly defending yourself and that you were actually in danger and/or being aggressed upon. Do not plead guilty to anything or agree to anything without consulting with an attorney first. An experienced criminal attorney will be able to review the police report to determine if you have any defenses or if there are any weak spots or errors that could be used to get the charges dismissed or reduced.

DV cases are always difficult. Charges can always be dropped but it is hard for a prosecutor to do so bc of political pressures. Self defense and fight by mutual consent are valid defenses. A good criminal defense lawyer should be hired. Do not talk to police or anybody about case.

Self defense is one defense to A&B (Assault & Battery) charges. However, it is not a simple matter of telling a judge or a District Attorney your story, or your version of the story, and expecting them to simply drop the charges. Once you have been charged with a crime the only way for you to tell your version is through a trial. You should hire a Criminal Defense lawyer. Your lawyer will advise you on how to proceed and how to defend yourself. Your lawyer may advise you to seek criminal charges against your ex, or he may advise you to go to trial to assert the self-defense defense. An experienced attorney should be able to evaluate your situation and your facts, specific to your case, and advise you accordingly.

A self-defense defense to a charge of assault depends on lots of facts. Did you have a chance to get away? Did you use more force than necessary . And other factors. If you are going to fight this on that grounds consult an attorney.

First regarding your Miranda rights. The police are supposed to read you your rights if you are a suspect and under arrest but many times they do not. The only "punishment" to the cops or "compensation" to you is that any inclupatory (guilty) statements that you made to police can be suppressed. Any statements that you made while they were investigating - talking to everyone about what happened & before they decided to arrest you - are not subject to being suppressed because you were not in custody nor were you the focus of the investigation. Second - self defense. You have the right to use force to the extent necessary to defend yourself against another's unlawful used of force (at least in Texas.) So, if she is hitting you, you have the right to grab her, slap her hands away, hit her to throw her off from hitting you, etc. What you cannot do is once she has stopped hitting you, reflect on how that makes you angry, and walk over to her & hit her. You can't "restart" the physical altercation. (Obviously this is a very blurry line on whether a physical attack has stopped or not, etc.) That said, even if the police believed that the issue was over and then you went over to her and hit her without just cause, under the facts you have given she, too, should have been arrested for assault. Even if you assault her later, that did not justify her assault on you. So, I'm not sure why you were arrested except that either your friends didn't support your version; she told a completely different version and the cops chose to believe her; your friends supported you and your version but her version was different & the cops thought that your friends were your friends and were covering for her; or the cops felt that the physical part was over & you restarted it (and didn't arrest her because, as you put it, her "putting her hands on you" didn't rise to the level of what you did to her and they felt sorry for her; or some other reason that only the cops could dream up at that time. Can the case be dismissed? Yes. The prosecutor may believe you had the right to self defense; that the situation is such a mess that it should all just go away; that she started it even if you went too far; etc. However, you will need a lawyer to represent you. The lawyer will probably need to talk to all of your witnesses. The lawyer will have access to the offense report and can dissect what the cops have written. The lawyer can then artfully articulate to the prosecutor why the case should be dismissed - or set the case for trial to push the issue.

In all likelihood the charges will proceed to trial. I suggest you immediately contact an attorney to assist you in this matter.

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? NO. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. That's not how the system works. Domestic Violence crimes are vigorously prosecuted, even if the victim doesnt want them to. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

Hitting your wife in anything aside from self defense is illegal. Most counties take "domestic violence" seriously. This is a case where having an attorney might make a big difference, especially when there is evidence that you might have hit her before. I strongly recommend you seek legal counsel.

Possibly, but it won't happen without a lawyer. DV cases are usually very defensible, as they involve a lot of he said she said, but the prosecutor won't listen to what you have to say. They only negotiate in good faith with lawyers.

You may have to go to trial with your witnesses in order to be acquitted. Often police and prosecutors don't like to drop charges once issued.

You may not use more force than is necessary to defend yourself.

If you believe you have a valid self defense claim, you need to hire an attorney now so that you can start to conduct your own investigation and prepare your case as best as you can. Hawaii is very unfriendly to self defense claims so hiring an attorney and getting your investigation jump started now is best.

This isn't a do-it-yourself project, nor is this something you can talk your way out of. You need a criminal defense attorney that routinely practices in the court where your case will be heard. Will they drop the charges? That depends on all the facts in the police report, the physical evidence, statements and all circumstances of the case. It also depends on what your attorney can work out on your behalf. Do you have the right of self-defense, even in a domestic violence situation? Absolutely. But it is definitely time for you to consult a local attorney face to face.