Legal Question in Criminal Law in Pennsylvania

self defense..are pictures and 911 call enough to convict?

My wife and I got in a domestic dispute where she called 911. I was charged with misdemeanor domestic battery. She was the PRIMARY AGGRESSOR. Most probably excited utterances will not be allowed as they werent that. My question is whether or not pictures taken and the 911 call are enough to convict for the prosecutor. My wife plans either to plead the fifth or not show to testify, which I know involves the risk of being arrested to show up. I plan to plead self defense.

My wife first slapped me and as I held her wrists so she wouldnt scratch my face, she bit my hand and continued to sink her teeth. I had to push her away with my arm which is the reason she has a mark on her nose. As I tried to leave for the door she held my shirt and wouldnt let it go. I jerked and walked towards the door thinking maybe she would loosen her grip. Instead, she fell on the floor and I had to restrain her by putting my foot on her arm and my one hand on her head. I loosened her grip with my other hand. Is this self defense?

Police believed her story and never asked me mine except asking me if the fight got physical. Pictures show her marked nose and my hand being bitten and my shirt being torn. Any help please!!! It was a fight we both regret


Asked on 3/02/06, 9:57 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: self defense..are pictures and 911 call enough to convict?

If this is your first offense you may be eligible for ARD or another pre trial diversion program. This would ensure that you are not convicted and no jail is imposed. You would probably be given a period of probation, required to attend anger management classes and pay a fine. If you complied with the requirements of the program the charges would be dismissed and you would be entitled to an expungement.

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Answered on 3/03/06, 5:31 am


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