Assault and Battery on a Pregnant Women

[nospin44]

My question involves criminal law for the state of: massachusetts

Hello, I have court in 2 days invloving charges from last january. Heres what happened. One night me and my girlfirend who was pregnant at the time got into an argument and i left the house to get away from her. i met up with my friend at a local bar to relax and forget about it. I went outside to smoke a cigarette and sure enough, she was with her friend trying to hunt me down. She doesnt say a word, comes right up to me and punches me 3 or 4 times in the face until her friend pulled her off me, i never hit her or laid a hand on her. Me and my friend ran back into the bar and left out of the back door and got in my car and left. I dropped him off and waited about 2 hours hoping she would be home and asleep by then. I come home and of coarse shes waiting for me. we started arguing again and i told her i was leaving and she took my phone from me. So we kept talking and i had to get my phone so very quickly while she was talking i took the phone off her lap. Bad idea. she lunges at me throwing fists, pushing, scratching ect. i didnt even push her away i just sat on the couch and at that point she was even more upset that i wasnt doing anything back that she got behind me and with both hands started choking me from behind. 3 or 4 minutes went by and i was approaching unconsciousness i began to panic because of the lack of air and i grabbed her wrist and pulled her off of me. Doing this left a very tiny bruise on her wrist so she calls the cops, they show up and arrest me and i spend 2 days in jail. I got out on bail which was $2500. Her story to the police is beyond ridiculous and completely untrue. Her story was "i stole her car, (i had my truck not her car) i came home smelling like weed (i do not smoke and all of my friends and family know this. and she is a pothead and smokes in her car everyday) and i apparently argued with her about smoking weed in her car (once again i didnt have her car) and that i went into a violent rage, broke my phone off the wall (my phone was never thrown or broken) and i "slammed her onto the ground and jumped on her" those are the exact words. This is very very frustrating if you can tell. Anyhow she appologized for the incident and the next court date she admitted to the court that the story was BS and that i never once laid a hand on her. The court wouldnt let it drop, the state has taken over. I have paid $2000 for my lawyer. Its been continued atleast 5 times now with the state trying to get the picture of her bruise and the 911 call. Its going to trial in 2 days. I have her friend that was a witness at the bar coming in for me. Im extremely nervous, i cant sleep, i cant eat. all i think about is being sent to jail for 4 years for a crime i did not commit. I do not want to go to jail nor do i want this on my record. But the only defense i have is my word and the one witness. They have the picture of the bruise and the 911 tape. What do you guys think will happen? Im 22 years old and i have no prior record. She has been violent towards me several times since this happened, i have a black eye right now from her slamming a door in my face because i am seeing someone else now. I just dont have it in me to call the cops on her and take her away from our daughter, but she admitted to me recently that shes been taking drugs, 3 or 4 percocets a day for a while now. She is currently going out with a drugdealer who is with her and my daughter on a regular basis. This made me upset and i told her to clean up or i would be taking custody of our daughter. THis made her furious and she has constantly theatened to testify against me. We are on good terms at the moment but she is crazy and im very nervous as to what mood she will be in on the trial date. This whole thing is a mess and i just want to get this behind me .Really looking for any advice anyone can give me. Please HELP ME OUT!! thanks for your time

[Dogmatique]

What makes you think you'll get custody of this child?

You need an attorney; your version of events doesn't appear to gel with what the State has on you.

[Disagreeable]

It is to late to help you. You did not have the sense to stay away after she proved she was a whack job.

[nospin44]

I believe i could get custody because if she is drugtested she WILL fail. Also i already have our daughter 5 days a week but she technically lives with her. I have an attorney. My version of the events is completely different but it is the TRUTH. She even admitted this on our second court date.

[Dogmatique]

A failed test is not going to make this a slamdunk.

And when measured against you allegedly assaulting Mom WHILE she was pregnant, your chances are reduced even further.

Good luck.

[nospin44]

had court monday, was dismissed of all charges.