Many of our clients are caught up in a system that generally always arrests someone when (1) police are called to a home for a report of domestic violence and (2) there was a very minor scuffle involving a minor injury. Most people are very surprised to find out that an arrest and then possible 48 hour hold in jail are possible when there is a domestic dispute involving injuries that can be as minor as redness on an arm or a small scratch mark on an arm.
System is Un-Fair to Female Victims
Many of our clients are females who are arrested for domestic violence. In many cases they are the one who called the police to their home over an incident of domestic violence. Because the police generally arrest someone when they arrive at a home based on a domestic violence call (and there is some type of minor injury) many female clients are shocked to find out they are the ones who get arrested. The police will generally arrest someone if they can see a visible injury or one party admits to pushing or pulling the other. A visible injury could be as small as a scratch on an arm, redness from arm grabbing or simply a statement that someone pushed the other person. The system is especially unfair to women because they often defend themselves by scratching. On the flip side a man might be more likely to push or punch a female and a bruise from that assault would not show up for several hours. So when the police arrive and see no visible injuries on the female and a minor defensive scratch mark on the male it often ends up being the female who is arrested.
Do Not Speak to Police Without An Attorney Present
The main advice we can give is not to speak to the police without a lawyer present. Many of our clients end up making admissions to criminal assault during an initial encounter with an officer. If you are under suspicion of criminal assault or domestic violence you should not answer questions without first speaking to a lawyer.
Raleigh Assault Defense Lawyer Wiley Nickel
Our legal team is focused on providing counsel for matters of criminal law. Attorney Wiley Nickel and Attorney Kristi Haddock put all of their resources, skills, and knowledge to work in defending your case. They places the highest value on providing personalized representation, as well as ensuring that our clients feel confident and comfortable throughout the process. You can trust your assault case to the effective and dedicated attorney The Law Offices of Wiley Nickel. Our office is located in Cary, NC and we handle criminal defense matters for Wake County. Please call us at 919-585-1486 for a free consultation or message Attorney Nickel directly at email@example.com.