First Offense Domestic Violence, Second Degree
My boyfriend and I of almost 6 years got into a very unusual and heated argument after an entire day of listening to him nagging all day I had finally had enough and just flipped out yelling that I was tired of his attitude. He was trying to leave and I was trying to stop him just long enough to say basically, sorry, relax, goodnight, and we would talk in the morning (he works night shift). When I grabbed the car door he must of thought I was coming out to fight him because he threw me to the ground, jumped on me, and hit me in the face a few times. I got upset and completely freaked because this is not in his nature at all, we have had many arguments, like any couple, but HAVE NEVER HAD A KNOCK DOWN DRAG OUT FIGHTS, NOR ANY HISTORY OF ANY ABUSE OF ANY KIND. This was complete craziness and we both are seriously embarrased by our behavior.
With my big black eye and swollen bleeding lips, I called the police (and will never do again even a knife is in my head). When they arrived, they treated me as though I was the one who attacked him, asked me to "point out my injuries,because they weren't obvious to him" by the officer, and told me that I was also being arrested because they had to come out to the house. I heard them telling my boyfriend in the front yard to "press charges and make sure I didn't get away with this." We were both arrested, pictures were taken, fingerprinted, mug shots done then released on our own recognizance.
I was charged with Domestic Violence 2nd degree and he was charged with Assault 2nd degree. I don't understand why I was charged as the victim, my boyfriend had NO marks of any kind and said he DID NOT want to press charges.
We have since made up and agreed to get some counseling even thought this was a freak occurance, neither of us want it to happen again. If neither of us show up to testify against the other will the case be dismissed and charges dropped?:o
Re: First Offense Domestic Violence, Second Degree
You state that you tried to stop him when he was trying to leave. That presumably involved laying your hands on him, which is an assault. You can discuss the police report with your lawyer for a full sense of why you were charged, and possible approaches to your defense.