Re: domestic assault simple

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Depend on State Law, however, domestic violence applied when
you push your spouse whether you either intentionally,
knowingly or recklessly causes any physical injury to your
spouse; or knowingly touches her with the intent to injure,
insult or provoke; or intentionally places her in reasonable
apprehension of eminent physical injury. If the police saw
any type of red mark, or scratch can qualify as an injury.

Your question if you get out of the charge? Well, it is
depends on your lawyer defending your case. The key to
defending your case will depend on eye-witness testimony;
physical evidence analysis; the attempt to seek out and find
other witnesses not listed in the police report (if any);
the search for any potential security video cameras which
may have been present at or near the scene (i.e., if any in
your house or outside your house, and things of this
nature). In addition, many times the alleged victim will
want the charges to be dropped. Unfortunately, the State is
the one bringing the charges, and not the alleged victim.
The State can force the alleged victim to appear and testify
against you if they so desire. HOwever if there is a
recalcitrant witness, your lawyer might or can most often
convince the Prosecutor to either dismiss the charges or
plead the case to a non-Domestic Violence charge (i.e.,
Disturbing the Peace).

Other defenses that your lawyer might use, include
challenging the validity of any search warrant, or whether
there were any forensic flaws during the investigation of
your case. This could include exposing flawed procedures
regarding blood, breath, and urine testing; fingerprints
analysis; DNA testing; ballistics; gunshot residue testing;
computer analysis / "cloning hard drive" procedures;
forensic financial accounting reviews; etc. Or he might
choose to exposing sloppy or misleading police reports which
include everything from misstatements, false statements,
flawed photo line-ups and inaccurate of the report etc…

On 11/24/06, Brad Hutchcraft wrote:
> I was not read my miranda rights. My wife called in
> because I took my son and said I pushed her down. I drove
> to the police station then they took me inot custody and
> put me in lock up and did not read me my rights. Can I get
> out of this charge.