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Being arrested for domestic violence simple assault in Washington, DC can be a confusing and stressful experience. Understanding the legal framework surrounding such charges is crucial for navigating the legal system and protecting your rights. In this blog post, we will delve into DC Code section 16-1031, focusing on how it mandates police officers to make arrests in domestic violence cases where probable cause exists. A Washington DC assault attorney will not only be able explain this statute, but will also help you defend against this charge.

The police told me that they are required to make an arrest for Simple Assault, why?

Section 16-1031 of the DC Code outlines the requirements for arrests in domestic violence cases. The law states that a law enforcement officer must arrest an individual if they have probable cause to believe that the individual has committed a domestic violence offense. This mandate applies regardless of whether the victim desires the arrest or not. Unfortunately, any experienced DC assault attorney has had experience where their client has been arrested and his or her spouse explicitly asked the police to not make an arrest. Under this statute, if the officer believed there was probable cause, then the officer had no choice.

What is “Probable Cause”?

Probable cause is a legal term that refers to a reasonable belief, based on available facts and circumstances, that a crime has been committed. In the context of domestic violence, probable cause could include:

• Witnessing an assault or observing physical injuries on the victim.
• Hearing threats of violence or witnessing threatening behavior.
• Receiving a report of domestic violence from the victim or a witness.
• Observing damage to property caused by the alleged offender.

Key Points to Remember:

• Mandatory Arrest: DC Code section 16-1031 mandates police officers to make an arrest in domestic violence cases where probable cause exists.
• No Victim Consent Required: The victim’s desire for an arrest is not relevant under this law. The police officer is obligated to make an arrest if they have probable cause, regardless of the victim’s wishes.
• Exceptions: There are limited exceptions to the mandatory arrest rule. For instance, police officers are not required to arrest minors in certain situations.

What to Do if You Have Been Arrested for Simple Assault in Washington, DC

If you have been arrested for domestic violence simple assault in Washington, D.C., it is crucial to contact an experienced assault attorney in Washington, DC, your DC assault lawyer can:

• Review the evidence against you and assess the strength of the prosecution’s case.
• Investigate the circumstances surrounding your arrest and gather evidence that may be favorable to your defense.
• Negotiate with the prosecution on your behalf and potentially seek a reduction in charges or dismissal of the case.
• Represent you in court and ensure your rights are protected throughout the legal process.

Monument Legal is Here to Help

At Monument Legal, we understand the complexities of domestic violence cases and are dedicated to protecting the rights of individuals who have been accused of such offenses. Our DC assault lawyers have extensive experience in handling domestic violence cases in Washington, D.C., and are committed to providing our clients with the highest quality legal representation.

If you have been arrested for domestic violence simple assault in Washington, DC, do not hesitate to contact Monument Legal for a free consultation. We are here to answer your questions, address your concerns, and guide you through the legal process. Feel free to email us at info@monumentlegal.com or call us at 202-389-9000.