QUESTION
What can be done about the domestic violence battery charge against my husband?
Asked on May 11th, 2013 on Criminal Law - North Carolina
More details to this question:
My husband and I were in an argument, calling each other names. My husband asked me to leave the room and I refused. As I was backing out of the room I saw my husband's hand touching me (I was facing him). Soon after, I tripped over my daughter (who was behind me) and I fell over a vase that did not break. I assumed that he pushed me and I called the 911 and said my husband is hitting me. Police came home and asked me about the details. I told them that my husband pushed me. My husband was questioned and he said that he did not push me but patted on my back and asked me to leave the room which he had indeed done but I did not remember this when I was giving my statement to the cops. I told cops that I will not press charges against my husband but they still arrested him and took him to jail and after 12 hours he was released. He has been charged with battery. My husband was actually trying to save me from tripping (I am pregnant) but I assumed that touch as a push. It was a misunderstanding on my behalf. How can I save my husband now from getting convicted. Neither of us have previous criminal record. My husband was told that the cops may have videotaped my statements at home. But, I was unaware of this unless they were hidden cameras. Although, I do not want to testify against him I am afraid that prosecution will use the 911 tape and my statements given to police to get a conviction.
4 ANSWERS
Michael J. Breczinski
You can testify truthfully that you thought that it was a push at first and were shook up when the police talked to you at first. You now realize that he did not push your based on your recollection after settling down.
Answered on May 15th, 2013 at 2:54 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The D.A. can, and will, use the 911 tape and your statement in order to convict your husband. They will also subpoena you to testify against him if there is a trial. Once the police are called and a report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If you, the "victim", wishes to have the charges dropped or dismissed, you should talk with the D.A. However, the final decision will be up to the D.A. However, be aware that you can be charged with filing a false police report. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on May 15th, 2013 at 7:35 AM
He needs to hire a good lawyer.
Answered on May 15th, 2013 at 5:14 AM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
You are either in denial and / or lying as your story has the typical multiple inconsistencies and euphemisms of a wife that got pissy, misused 911 and now regrets it. In an argument people don't 'pat'. They also don't 'pat' if they are trying to prevent you from falling - he would have grabbed you. Further, if you were facing him - you know if it was a touch, a pat or a grab, so there really isn't any room for you to have 'misunderstood'. In any event, none of those things is hitting which is what you told 911 - so even if you did misunderstand, it couldn't have been to the level of confusing those things with hitting. What really happened is this: you two got into an argument, he told you to get out of the room, you mouthed off, he got mad and pushed you, you tripped - called the cops and squealed my husband is a Hitty McHitterton. Now that everything has settled down - you don't want him to get in trouble. If that's the case, tell the ADA - they may or may not dismiss the case. If they don't dismiss the case you can attempt to simply refuse to testify - however, the marital privilege of spouses to refuse to testify does not technically apply in this type of case. If you do end-up having to testify, you need to come up with a better more consistent story than the one you typed in here or your very liable to be in the pokey with your husband for perjury because as you suggested, they most likely have 911 tapes and the officers testimony as evidence.
Answered on May 15th, 2013 at 4:55 AM