Legal Question in Criminal Law in Missouri

I was restrained in a Car and resulted in Domestic Violence 3rd

Went to concert w girlfriend, after several drinks we decided to go for food, I allowed her to drive my car, a friend came but drove separate. After leaving I did not want to go any longer, I told her to drop me off; She refused to take me home or allow me to get out of the car. I began pulling the wheel towards the curb to get her to stop the car (30mph speed limit), she still would not pull over, I then backhanded her a few times in the face (no cuts or major injury- no med attn). She then pulled off to the side of the rode and wanted me to exit the car, I told her it was my vehicle- she should leave, a small battle for the keys pursued, I retrieved them, she exited, and I drove away, charged w - 3rd degree assault. The friend saw nothing more than the car swerving. She did not press charges against me, but- she gave statements to the police that I had hit her a few times, MO state is now prosecuting me. When the police talked to me, I told them that I just wanted to go home and she would not let me. No record or prior history. I do want her to be in trouble.


Asked on 2/09/04, 4:22 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: I was restrained in a Car and resulted in Domestic Violence 3rd

First of all, it is unclear from your post whether you are facing actual criminal charges of third degree assault or some other type of charges for domestic battery. Also, your post does not tell us in what court you are facing charges. In any event, it is important for you to hire an attorney to represent you or ask the judge for a public defender to be appointed to represent you if you can not afford a private attorney. If you intend to hire an attorney but can not do so before your first court date, most judges will allow you a continuance (additional time) to hire an attorney and give you another date to return to court. It is important for you to understand that, if you are charged, you are being prosecuted by the State of Missouri (or possibly a county or municipality), and not by your girlfriend. To the prosecutor, she is a witness, and she can be subpoened to appear in court and testify against you. Especially in cases such as this most prosecutors do not want to allow the "victim" (your girlfriend) to simply drop everything out of concern that there will be a second assault or worse. However, in cases where the "victim" does sign an affidavit of non-prosecution, it often serves to soften the consequences for the defendant (you). I have handled hundreds of criminal cases over the last twenty-five years, and several with facts similar to yours. If you are in the Eastern part of the state, and if you are not already represented by legal counsel, I can definitely help you. I would be willing to offer you a free telephone consutation if you will call me at 314-727-2822. I will be glad to quote you a reasonable fee at that time. In any event, I wish you the best of luck.

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Answered on 2/09/04, 11:53 pm


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