Do I have any grounds to retaliate against an arrest after I called the police for help?
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Do I have any grounds to retaliate against an arrest after I called the police for help?
I was arrested a little over a month ago during an arguement I had with my ex-boyfriend. He took my property and refused to give it back. I called the police to recover my car keys and after explaining what happened, they arrested him even though I didn’t press charges or even given a written statement. He told the officers I hit him first and
after they took pictures of 1 injury he sustained himself from snatching the keys out of my hand, so they arrested me too. I have 4 battery charges and 1 criminal trespassing charge in my own apartment. This is ruining my life I can’t get a job and I still yet to go
to court.
Asked on December 26, 2016 under Criminal Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Based on what you write, there seemingly were grounds for your arrest: there was testimony that you hit your ex-boyfriend and he had a visible injury (if two people fight or hit each other, *both* can be, and often are, guilty of assault and/or battery; there is no right to hit another except in clear self-defense). It could well be that the evidence will not be strong enough to ultimately convict you (since that must be evidence "beyond a reasonable doubt"), but the evidence needed to arrest is *much* lower and could be satisfied by what you describe. Therefore, it appears the police did not do anything wrong: they acted based on the evidence and testimony in front of them.
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