Legal Question in Criminal Law in Louisiana

simple battery charge

recently seperated from husband, he filed charges against me for hitting my step-son. I had gotten on to him and spatted him with a ruler on his leg. He grabbed my arm and told me to never hit him again. He is a really disturbed child, alot of anger problems. I grabbed him by the shirt collar and pushed him toward the door to go to his room. My husband and son where in the room at the time. They are saying I also kicked him. I don't remember kicking him. And I believe my husband has brain washed my older son against me. I have my 2 year old with me. A detective and a social worker has spoken with me about the incident. I found out today that charges have been filed for simple battery. The detective wanted me to sign my statement today and told me that it would be best for my case to go ahead and admit to the kicking, which I don't remember doing. He said the judge would probably not believe me against my husband and the 3 children. I need to know what the best thing for me to do about the charges. Could I lose my 2 year old over this? Do I need to hire a lawyer to represent me in this matter? The only thing I am afraid of is losing my baby over such a stupid thing. I have never touched my step-child before. Please help.


Asked on 11/13/06, 10:03 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Re: simple battery charge

First, never get your legal advice from the police. They don't necessarily know the law better than other people and, if they do, they aren't using that knowledge to help you, the accused. Consult a lawyer who practices both criminal and family law.

Second, I am concerned that you don't "remember kicking him". If you can't recall what you did then perhaps there are mental health or substance abuse issues you need to address.

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Answered on 11/14/06, 5:47 am


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