Do I have any grounds to retaliate against an arrest after I called the police for help?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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