What could we do if my fiancé is charged for two felonies that he didn’t do? 17 Answers as of June 18, 2013

He has aggravated battery charge and possession of a weapon during the commission of a crime felony. At court, they said I was the victim and that I had a black eye. He didn't give it to me though I was elbowed in the eye by my mother when we were trying to get in between my fiancé and hers from a fight they were both arguing in each other’s faces. We were all drinking the cops were called for domestic violence. They broke in, we all were startled, they separated us all and next thing I know he's was hauled off to the cop car. We were all saying that it was a family thing. We got it under control. We don't want to press no charges and they said that we aren’t but the state is. I don't know what to do but to somehow tell someone to take down my side of the story and that he never put his hands on me and never would! Help me. I need to know what to do!

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Who called the cops? How could it be under control, IF the neighbors felt compelled to phone the police. I agree with you though, the police should let all four of your drunk asses just kill each other. Since that did not happen, you need to retain an attorney in order to prepare for trial. Surely four grown adults that have it all under control can retain one good attorney.
Answer Applies to: Georgia
Replied: 11/20/2012
Law office of Robert D. Scott | Robert Scott
It seems like his options are to go to trial or plead guilty.
Answer Applies to: Maryland
Replied: 11/9/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
All you can do is to testify truthfully when they have a trial. He should fight the matter. You testify to what you just wrote then he should be found not guilty.
Answer Applies to: Michigan
Replied: 11/9/2012
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
If your boyfriend started the argument and you were inadvertantly elbowed, it is still his fault. It is called transferred intent.
Answer Applies to: Washington
Replied: 11/6/2012
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
There are several issues with this situation. I would need to meet with you to go over everything. We may be able to get this dismissed and if not, it is possible to get a decent outcome at trial. I hope this helps you sort your legal situation out.
Answer Applies to: Hawaii
Replied: 11/6/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    There is little you can do, except appear in court and explain what happened to the prosecutor. If that does not work, have a lawyer for your fiance, or make sure you tell him to ask for a public defender. When the case goes before the court for trial, explain everything you relate in your question. The police are right; the state picked up the case, and it is within the sole discretion of the prosecutor to drop the charges, you have no say in that area. Your mother should appear to testify what happened, as well.
    Answer Applies to: Illinois
    Replied: 11/6/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    I do not know what happened and your attorney will have to do an investigation to try to get to the truth of the matter. Lawyers know that defendants and witnesses often try to lie to make things better for them, but it is important that your lawyer knows the whole truth. You should retain a good criminal lawyer to handle the case and do not try to change the facts or you will be charged with perjury.
    Answer Applies to: New York
    Replied: 11/6/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Whether you or your family wants to press charges is irrelevant. Prosecutors will NEVER drop the charges simply because that's what you or any other victim would like. Your fiance needs to hire a lawyer before he opens his mouth and incriminates himself further.
    Answer Applies to: California
    Replied: 11/6/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer better but you should hire an attorney to help tell your side of the story and maybe convince. Be prosecutor not to file charges or if already filed to drop the charges.
    Answer Applies to: New York
    Replied: 11/6/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The police are absolutely right when it comes to domestic violence. It is the State that presses the charges. You have no control. If your fiance was charged with felony assault, it sounds like the incident was a lot worse than you described. What to do? Hire an attorney for your fiance.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    At this time, the criminal prosecution against your husband is out of your control. Once the police are involved and the matter is forwarded to the District Attorney's Office, the State prosecutes the charged individual, often times, whether the 'victim' wants to participate or not. However, if your fiance does not plead guilty to the charges at the arraignment date and instead hires a criminal defense attorney, your side of the story will more likely be heard and taken into consideration.
    Answer Applies to: California
    Replied: 11/6/2012
    Hamblin Law Office | Sally Hamblin
    Obviously, there was an assault. Domestic violence is illegal and the police responded appropriately and the charges are correct. You need not minimize it, for it is serious.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You need to hire a lawyer for your fiance and let the prosecution know that the reports are false.
    Answer Applies to: Nebraska
    Replied: 11/6/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Hire a lawyer.
    Answer Applies to: Nevada
    Replied: 6/18/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    Hire a lawyer to protect your rights and review the case for all defenses.
    Answer Applies to: Michigan
    Replied: 6/18/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Only a prosecutor may press charges or dismiss charges and he/she may do so regardless of the wishes of the alleged victim. The person charged must have a good and experienced lawyer who would, in most cases, seek a statement from you as part of a potential challenge to probable cause.
    Answer Applies to: Minnesota
    Replied: 11/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    The best thing to do is hire an attorney in your area for him.
    Answer Applies to: Florida
    Replied: 6/18/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney