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  1. #1
    Join Date
    Aug 2010
    Location
    Arkansas
    Posts
    1

    Default Second Degree Battery Against a Child

    My question involves criminal law for the state of: AR.

    This is my first time on this forum, so if I am posting in the wrong one, mods feel free to move it.

    My father was passed out drunk one night a few months ago, and my half sister came into his bedroom and began flicking his light on and off, insulting him, and shouting obscenities at him. He then got up, backed her in a corner, and swatted her with a belt. CPS were called, and he was taken into custody.

    Now my sister has had behavioral problems for a long time. My stepmother has no education, and is, in my opinion, an awful parent. That, however, is another issue.

    I feel somehow that my sister has embellished her story and was led by CPS into saying things that aren't necessarily true. I know this would not hold up in court, but I have a feeling deep down in my bones that she is lying. She is 11, and will not look me in the eye and gives ambiguous answers to my questions.

    My father is 55 yrs. old, and has been in jail for 3 mos. At court this morning, he talked to his public defender for the first time. He called me and told me that he was offered 6 yrs. on a Class D felony, second degree battery. My father has no property or anything he can put up to get a competent attorney, and I am newly married and not crazy about the idea of driving myself into debt with outrageous attorney costs.

    Is there anything I can do to help my father in this situation? His attorney seems apathetic, and all he does in court is play on his phone. Should I just suck it up and try to get him a better lawyer? Any advice would be appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Second Degree Battery Against a Child

    Your sister's behavioral issues are irrelevant, as is your "feeling deep down in [your] bones".

    He hit her with a belt,
    and apparently caused injuries serious enough to merit being arrested under the statute.

    If you want your father to have a chance at something other than incarceration, get him private counsel.

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