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Simple Battery Charges--what are their rights?

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WhatsFair

Junior Member
Simple Battery/Domestic Charges--do men have any rights?

What is the name of your state? Georgia

A friend was arrested and charged for simple battery. His side of the story is that his ex was visiting and staying with him, they got into an argument, he called her an offensive name, she got upset and started punching and scratching him. He pushed her off in defense and began to throw her things out of the apartment and she called the police. Her side of the story is that they got into an argument, he pushed her down and tried to choke her so she called the police.

When the police arrived, based on their stories and the evidence (he sustained scratches, from which he was bleeding a little, to the face and arm while she appeared to have red marks on the back of her neck and a knot on her arm), they deduced that his injuries were caused by her attempting to get away from him as he attacked her. She completed a statement and specified that she did not want to press charges, but they arrested him anyway.

My main question is, what are men's rights in this type of case? Why didn't the police arrest them both since they both had injuries? Also, are they even going to investigate the matter further since her injuries could have been caused by something/someone else (she was recently hospitalized and she is of light complexion--a red mark could come from just about anything), and since this is not the first time that she has called the police on "friends" and family members?
 
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seniorjudge

Senior Member
Q: My main question is, what are men's rights in this type of case?

A: The same as a woman's. You have the right to remain silent; anything you say can and will be used against you in a court of law; you have the right to an attorney and if you cannot afford to hire one, one will be appointed for you.



Q: Why didn't the police arrest them both since they both had injuries? Also, are they even going to investigate the matter further since her injuries could have been caused by something/someone else (she was recently hospitalized and she is of light complexion--a red mark could come from just about anything), and since this is not the first time that she has called the police on "friends" and family members?

A: You would have to ask the cops your questions.
 

WhatsFair

Junior Member
So basically determining who is the primary aggressor is left up to the officers that show up on the scene--there's no general procedure for these types of cases? I'm not trying to defend either of their actions, but it seems like there should be some type of control (for lack of better words) to discourage people from calling the police simply because they're upset and want to get back at someone...

Would there even be much of a point for him to hire an attorney seeing as how there were no witnesses and he can't prove that she stole items from his apartment when they took him to jail? Could/would they order her to appear in court and have them both face the same treatment?
 

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