1st Offense For DV

In Texas

Boyfriend arrested for domestic violence where police took pictures as evidence (cuts and scratches on face) Also charged for not allowing me to call police (911) He threw my cell phone in the front yard.

$10,000 for each offense.

This is his first arrest and we're wondering if he will have to go to jail or would calling the DA and the two of us going in to have the charges dropped do any good?

The night it happened I believed he pushed me into a wall but later realized I may have tripped. My cell phone broke in the fall but I could have used the two land lines in the house. When I explained this to the police department, they said they didn't believe me and were going to press charges.

Can you tell me what might happen as far as sentencing for him and also for me for changing my story. I had to provide a written statement that it was an accident. I was told I could also be charged.

Thank you

Texas DA's don't drop charges in DV cases where there are documented injuries - regardless of what today's version of those events might be. The Texas Council on Family Violence rakes them through the coals very publically - particularly when later incidents of violence (or death) occur after dropping or reducing charges - so if they've got evidence, they typically go with it even if the victim isn't cooperating.

The DA will use every change in your story along the way (police report vs. interview statements vs. testimony on the stand) to rip up and throw away any credibility you might have. Then they'll give the jury the whole song and dance about how this is typical in these cases...etc...etc...etc...

Sentencing will depend on the exact statutes they're charging him under - whether misdemeanor or felony, how many total charges are brought, and if those sentences are handed down to be served concurrent or sequential (most likely concurrent, but you never know). It could be anything from a restraining order, to anger management counseling, to domestic violence counseling, to incarceration in county jail (up to 364 days) or incarceration in a state prison (up to 10+ years, particularly if this isn't his first offense) or some combination of these.

How did police come to be on the scene?

I walked to a neighbors house and she called for me.

So it sounds like he needs a good attorney.

Yes, he definately needs a criminal defense attorney. And also to be sure that he follows to the letter any order by the court regarding contact with you or attending any ordered counseling. Violating those will only make a bad situation much much worse - so this is super important.

You didn't trip. Women that may have tripped never actually tripped. That means that he may have threatened you, which is witness intimidation.

From my Criminal Justice classes we learned that, on average, a DV victim is injured 6 times before she (usually she) leaves or is killed. Please, for the sake of you and your loved ones, talk to a domestic violence counselor.

May God be with you,

Bob