Legal Question in Criminal Law in Washington
Domestic Violence - Last Week
I'm 31 with no prior criminal. I'm going through a nasty divorce. I won't get into ugly details but last Thursday I was arrested on simple assault dv (husband says I spit on him and tried to throw punches) and also on malicious mischief 3 dv (he said I threw down my picture from wall). These are total false allegations and I believe he set me up. He is the one who actually grabbed my arm causing bruises however they ended up taking me.
I'm scared to death. I believe my husband did this to try and get the upper hand in our divorce. I pled NOT GUILTY and was released.
With no priors and with this totally being 100% false what will happen to me? Will they throw me in slammer? I'm scared I've never been through something like this.
Also, can I file charges on him? They took pictures of my arm showing the brusing. I also have a witness via the phone that can verify that I never took the cell phone out of his hands that he dialed it for me.
I think these charges are ridiculous. Can they be dropped? How does this work? I have two kids, work full time and never in trouble.
Divorce sucks....
2 Answers from Attorneys
Re: Domestic Violence - Last Week
A good lawyer should be able to help you. My office offers a free consultation. Please call 877.258.9544 to set up a time to come in and discuss your case. You can get more information about my law firm at http://lawofficesofheidihunt.com
Re: Domestic Violence - Last Week
You have been chared with a gross misdemeanor which is punishable by a year in jail and a $5,000 fine. You will likely be offered a plea bargain (although the scope of the plea varies from one jurisdiction to the next. In addition, it sounds like you were acting in self-defense. This is a defense to the cimrinal charges. Should the case go to trial and you prevail on the self-defense issues, the State may be required to pay for your attorneys fees. I would welcome an opportunity to discuss this matter with you further. Please do not hesitate to contact me for a free initial consultation.
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