Legal Question in DUI Law in Arizona

On January 9th my friend and I who live together were drinking heavily and had a horrible arguement. I called my mother hoping that she would talk to my friend and calm her down. While I was talking on the telephone my friend made a motion with her leg to get my attention. I saw this out of the corner of my eye. My reflex was to move my leg in the attempt not to be kicked. I felt pain in my knee when I did this and assumed she had kicked me. A neighbor had called the police due to the noise. When the police questioned me I told them that she kicked me. In turn she was arrested for domestic violence. She admitted to police that she did make the motion with her leg and may have brushed my pant leg, The next day I went thru the scenario while sober and came to the conclusion that she did not kick me. I have a torn meniscus in my knee and the pain that ensued as I jerked my leg was from that. Therefore, I feel that the charges should be dropped. I don't feel that I lied to police because at the time I was under the assumption that she did kick me. What recourse do I have? I have called the prosecutor, however, they have not returned my call. Thank you for your time.


Asked on 1/11/12, 9:32 am

1 Answer from Attorneys

A domestic violence case is based on the relationship of the parties. An offense charged as domestic violence has an underlying criminal charge such as assault in your case. Misdemeanor assault can occur under three circumstances 1. causing physical injury 2. placing someone in fear of imminent physical injury or 3. touching another with intent to injure, provoke or insult that person. Trying to kick you and missing you is an assault by definition. It is always a good idea for someone who is charged with a criminal offense to be represented by an experienced attorney who may be able to favorably resolve the case. As a victim you have certain rights and one of those is to discuss the case with the prosecutor.

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Answered on 1/13/12, 5:16 pm


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