Legal Question in Criminal Law in New Jersey
Is the excessive force in self defense?
My wife is 5'3 170lb.I am 5'7'' 165lb. My wife has committed previous acts of violence on me.I had to go to the er 5 years ago to get stitches in my scotum. In Jan she called the cops and I was charged with domestic battery. She told them that she was on the floor and I had my foot on her head. They did not even bother to ask me what happened even though I mentioned her prior abusive acts.
I was trying to leave the house and she wouldnt let me. She held my shirt and blocked my path. I headed straight for the door thinking she would loosen her grip, but she lost her balance and fell on the floor. I too lost my balance as her hand still held my shirt. I had to restrain her with my foot on her head and use both of my hands to loosen her grip. I was fearful she might do something crazy to injure me again as she was on the floor and my ''private parts'' were in a very vulnerable position. Thats why I restrained her. We have separated now. If this scenario is presented in front of a judge, would it be considered excessive force in self defense? I have the Er report from 5 years ago stating my injury. My wife will not appear to testify. This info has not yet been sent to the prosecution. Can she drop the charges after getting this?
2 Answers from Attorneys
Re: Is the excessive force in self defense?
You sound like someone who is stressed out by your situation and feels somewhat overwhelmed. This is understandable.
Self-defense can be a valid defense to a charge os assault, but it is unpredictable. It is more less a matter of how it feels to the trier of fact, whether that be a judge or jury.
If you demonstrate your wife's history of assaulting you; that you have suffered some injury in the past requiring medical attention or have witnesses to your wife's history of violent conduct directed toward you your changes of prevaling are good.
Your wife must comply with any grand jury subjoena. She also has a substantial say in how the prosecutor's office views the charge against you and how she characterizes the subject incident would be given great weight by the prosecutor with whom she deals.
I would not rely upon her promise not to appear before the grand jury.
Most importantly, you need to hire an attorney; internet legal advice is not a substitute for an in person consultation with and legal counsel from an attorney hired by your.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Is the excessive force in self defense?
I'm a little confused about the facts. You have a good self defense issue if this case ever gets to trial. I would need to see who signed the complaint. If she didn't sign it, she cannot drop it. However, if the police are informed she doesn't want to proceed, they may drop it. With a lot of DV cases, they still try to go forward and as Mr. Moore says, she has to go to the Grand Jury if she is called. A good lawyer can prevent this case from going to a grand jury through negotiating with the Prosecutor. Thus, I suggest you get a lawyer ASAP to protect your rights and to stop this case from going forward any further.
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