Legal Question in Criminal Law in Arizona
Do i have a chance to beat a domestic violence (assault) charge.. my defense is the so call victim was intoxicated and i was not, he started throwing food and groceries i bought the day before out the back door feeding the dogs. I got upset and shoved him hard enough to make him stumble to the ground. But he got back up and started throwing more food out so i shoved him again which turned into a scuffle, he swung at me and grabbed my shirt and ripped it off of me so i reached up grab his shirt, in the process i accidently scratched him on the neck. He grabbed a sharp edge object but didn't attempt to cut me but i grabbed his arm before he could and he tossed it on the counter, as we scuffled i wrestled him to the ground tried to tell him to stop. We got back onto our feet i told him i was going to call the cops at which time he grabbed my fone and tossed it on the floor, i picked it up and by then he had a plastic lawn chair in his hand and attacked me with it and i blocked it, my cousin was awoken by the noise and as the victim picked the chair back up my cousin grabbed him and told him to stop. After the incident he left with my cousin to get dropped off at work, still intoxicated. He called scottsdale police and asked if i had filed a protection order on him. He was taken to the hospital and he pressed charges against me and i got arrested. No statements were written, or recorded. He said he wanted to drop the charges but i know The State (AZ) will pick it up and pursue the charges. What can i say or do to try to get it dismissed?? do i have a chance? I know AZ is a harsh state.
1 Answer from Attorneys
Your best chance is to retain expert counsel to handle the defense. You have a self defense claim. However raising that claim is always difficult. I am a certified expert in criminal law. Please feel free to call on Monday.
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