Legal Question in Criminal Law in Arizona

On 9-13-2014 I was a victim of domestic violence, I was arrested for assault and disorderly conduct. The police officer failed to correctly identify defensive wounds. I�m shattered emotionally and on top of the trauma of the domestic violence itself, the injustice of the arrest is unbearable.

My live in ex boyfriend (Bobby)and I have been living together for past 2-3 years. Bobby has a history of anger and bipolar disorder, he sees a psychiatrist and was instructed to take four different medications. When Bobby does not take his medication he gets extremely irritable and very angry. Bobby is six foot tall, I�m 5�0.

That Saturday 9-13-2014, Bobby and I had gotten into an argument,he left the house and returned about an hour later, I was cleaning our master bedroom bathroom, he came upstairs we started arguing, I kept on rinsing the tub, Bobby kept on pushing me, I told him to leave me alone, when I went off at him he grabbed me by the face and banged my head against the wall a couple of times. He then proceeded to drag me to our room had me pinned down to the floor holding onto my face, I was trying to defend myself and tried to get up by pulling his shirt and his short pocket. As I pulled his shirt I scratched him on his chest, that just trigger his anger more and he threw a couple of blows to the back of my head.

My 24 year old was visiting his son at my house, he was downstairs with the baby; he heard commotion and fighting and we heard him yelling at us, I told him to go outside with the baby. I did not know he had called my sister to come get him, and he also called the cops telling them his parent were fighting. The reason my son left was because he has two warrant for his arrest for failure to pay tickets. During the fighting, Bobby grabbed my Iphone threw it to the floor, causing my Iphone to break. Shortly after we saw cops upstairs yelling at both of us.

Bobby denied ever laying a finger on me, even though police felt a lump on the right side of my head and saw a slight red color mark over my right hand in the web area.

The day after my arrest i returned to the police station and demanded photos of my bruises, I had bruises on my wrist, arms and knees. The police did take this photos and they did amend it to the police report. The nurse at the jail cell, also felt two lumps on the right side of my head, she even had another nurse feel my lumps, at that time the arresting officer was standing my me and I asked him do you believe me now? He just replied he never said he didnt. After I left the police station, I went to the emergency room to get my head checked out I had a throbbing headache, the doctor ordered a x-ray and also felt the lump on my head and stated it might take weeks for headache to go away.

I have a copy of the police report and it says in there �Veronica did have tears in her eyes and appeared emotional. Veronica sat on the couch and I asked her what was going on. Veronica was cleaning the upstairs bathroom and Bobby just returned back from the store. Bobby kept pushing veronica and she told him to leave her alone and if he pushed her she would push him back. Bobby then grabs her head by the face and pushes her head into the wall. Veronica points to the right rear side of her head and stated she had a bump on her head. I felt the area she was pointing too and could feel a small bump on top of her head on the rear right side. I looked at Veronica�s hands because she said he squeezed her hands and she had a slight red color mark over her right hand in the web area between her right thumb and index finger. Veronica stated she tore his shirt when she was trying to get up from the floor from when Bobby had her on the floor. Bobby pulled Veronica from the bathroom into the master bedroom area and that is when she pulled his shirt and shorts and ripped it. At this time is when Bobby punched her in the back of the head. Veronica told us we would see scratches on Bobby because that was when she was pushing away from Bobby.�

Bobby told police that when he got back home from the store I was yelling at him he walked away laid in bed I started pulling and tugging on him. Let�s remember he is much bigger than me. Police report also states � the wall was still intact and there was no holes or damage to the wall� I would have suffered severe damages if my head would have broken the wall , right?

Here are my questions, how can I prove that I was the victim not the perpetrator? My arraignment is scheduled for this coming tuesday, If i talk to the prosecutor informing him of Bobby�s mental illness, the addendum to police report showing my bruises, hospital reports for the head injury I sustained from Bobby,letter of character from my boss, stating what bobby has put me through past six months along with a letter from my teenager describing Bobby�s mood swings. Will all this help me? Please advise i�m in desperate help. Thank you!


Asked on 9/21/14, 1:40 pm

1 Answer from Attorneys

Jason Lamm Jason D. Lamm Attorney at Law

This is not a situation you can work out on your own. It seems the police took the easy way out and the prosecutor may just try and cover their backs. A domestic violence charged is a serious thing to have on your record. I have successfully defended quite a few (eerily) similar cases in recent years. If you are serious about hiring counsel to represent you, give my office a call on Monday to set up a meeting.

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Answered on 9/21/14, 1:46 pm


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