According to Bismarck police, a man reported that his fiancée had assaulted him at his residence located in the 1100 block of Southport Loop. The man had dried blood and a visible injury on his face, said police. According to the female who allegedly assaulted the man, the situation had escalated to point that she became concerned for her own safety. She was taken into custody in connection with the alleged incidence of domestic violence on suspicion of simple assault.
The defendant had a bond hearing on Feb. 16. Her bond was sent at $150, which her sister posted and she was released. The defendant had not been charged by 5 p.m. on Feb. 16. The couple was involved in a similar incident in July in Florida. In that incident, the man was taken into custody for reportedly assaulting the woman. The charge in that case was dropped.
State and federal statutes offer protection to victims of domestic violence. The intent of these statutes is to assist prosecutors and police in curbing true domestic violence and convict individuals who have committed abuse of family members. However, it is possible for someone to be falsely accused of domestic violence.
A defense lawyer can work on behalf of someone who is facing domestic violence charges. If there is evidence that the defendant has been falsely accused, the lawyer may present the evidence in court. If the jury is persuaded that no true domestic violence has occurred, then it may vote for an acquittal. However, if the defendant does not wish to go to trial, the defense lawyer may negotiate for a plea bargain. The defendant may be asked to plead guilty as a condition of the plea bargain.
Source: WDAZ, “Baesler’s fiancee says witnesses saw assault; Baesler says she felt at risk,” Mike Nowatzki, Feb. 16, 2015