Why was I arrested instead of her?


Why was I arrested instead of her?
I hear that all the time. As a Criminal Defense Attorney, I have been handling domestic battery cases for over thirty years. Most of the time when the police go out on a domestic call, it results in an arrest. The police are afraid that if they do not arrest someone, after they leave, the situation will escalate to something more serious like aggravated battery or worse yet a homicide. The police have a zero tolerance when it comes to domestic 911 calls. Most of the time they arrest the man instead of the woman who may have started everything. A domestic violence arrest can have serious consequences. You may sit in jail on a ridiculous bond. You may lose your job and worse yet get a no contact order that keeps you out of your own home. It is critical that you get a lawyer that knows the ropes when it comes to domestic cases.
In my experience, most of the time alcohol is the cause of the problem. People who otherwise get along fine may go nuts when they are drinking. A simple discussion on something really not important can turn into a name calling hissy fit or brawl. The wife may throw something, kick, scream or scratch and all the husband may be doing is trying to calm her down by holding her arms in self defense. When the police arrive they generally talk to the wife first and often have made up their mind by the time they talk to the man. Female officers tend to side with the woman in domestic cases. The police look for signs of injury like red marks or scratches or scrapes. If one person has signs of injury, it is a huge factor in who gets charged.
In cases where a divorce is about to be filed, or pending, the wife may set the entire thing up to gain an advantage. An arrest of the husband usually gives her possession of the house and cars. A no contact order or a high bond gives her a huge advantage. You need to hire a good criminal lawyer as soon as possible. Divorce lawyers are not necessarily criminal lawyers and often know little about the criminal laws. I have been doing criminal law for over thirty years. I know how traumatic a divorce can be understand the system and how often one sided it can be. I feel the pain of a false accusation.
If you get charged with battery, aggravated battery or assault in a domestic situation call today at my Sarasota office for a free consultation. It cost nothing to just talk. You can reach me at my office next to the Courthouse or simply call 941 366 3506