Should I be facing felony charges?

Question

Hi, I am facing 2 felonies, one ofr felonious assault and abduction. I was at school and a resident advisor of a building would not let me in and began pushing and shoving me out the door, I had been drinking that night. I put my arms around her to stop her from hitting me (thats where the abduction came from). She screamed let me go, so I did, she continued her actions and I yelled get off me and struck her in teh shoulder area, I then left, minutes later I am arrested for felonious assault because apparently she claims a broken collarbone. I am a good student in college, involved, excellent grades, I have been withdrawn from my university since then. Does anyone honestly think I will receive prison time? I can get up to 13 years, 2 to 8 for assault and 1-5 for abduction? Serious Answers Please!!

I already have a lawyer, this will most likely go to trial. I have no prior record. It is also in a small town where the prosecuters have nothing to do, so I guess they are trying to make an example of me. They are also saying I "knowingly" did this, when I honestly had too much to drink, I also place blame on the victim because I believe I was provoked and attacked first.

I already have a lawyer, this will most likely go to trial. I have no prior record. It is also in a small town where the prosecuters have nothing to do, so I guess they are trying to make an example of me. They are also saying I "knowingly" did this, when I honestly had too much to drink, I also place blame on the victim because I believe I was provoked and attacked first.

I have her records and there was dislocation, more of like a hairline fracture, if that.,She was also not wearing a sling just days after, when she was suppsoed to wear one.

There were witnesses, two of my friends that saw the entire thing.

I also feel very terrible about this incident, I dont want anyone thinking that I feel I am not at fault, I wrote an apology letter to the school where I apoligzed to the victim. Just wanted to make that clear

Answer 1

I have an excellent attorney for you!!!!!! Attorney Agomuo: [phone]. Give him a call. But my opinion, you probably should not have put your arms around her. Are you a guy or a girl? Probably a guy, huh. Look, I have been in trouble with the police before and gotten off. Most of them are just a bunch of liars and the lady that you grabbed was probably influenced by someone that was there that night to say that she was assaulted and that you broke her collarbone. She will need proof on that. But, I think I understand how you feel. Felony charges?????? For that??? A bit ridiculous if you ask me. Good luck though. Would this be your first offense as well? I hope so......greater chance of getting off.

Answer 2

First you have to take responsibility for your actions DRUNK or SOBER. How may people do you think they let go a year after they killed someone while driving drunk because they are nice and they have a distorted view of the events as they occured! Your credibiity is shot already due to the alcohol and the fact that you forcably and then with apparent malice struck a female when she rejected your inappropriate advances and touching. BE a MAN, take the responsibility for being a drunk baboon and make a humble and sincere apology to the young lady, she is the victim. Do you have an alcohol problem, get some help or at least start some interventions the court will be more tolerant if they see this type of action vs the excuse and failure to recognize your silliness. If you are not a habitual person that scrimages with the law this should not get you jail time but may be a very expensive lesson, listen to teacher so you don't repeat the class. Make good with your victim on time lost, medical and any other pain and suffering that she endured at your impaired hands. What is the University's long term solution, are they going to base it on a conviction or are you sh-t to bed since the action was on the campus or under their jurisdiction. They have a certian responsibility as well for student safety and security. Was there a recording via camera of the event that may show you getting hit or would it incriminate you more than you have already done? Finally what does your heart and conscience tell you, if you know you boned up then fix it, fix it honorably and forgive your self for being a bonehead, then make a firm commitment to avoid the thing that caused you to sideline yourself. Get back into the game and use this as the best learning tool of what not to EVER do again, it doesnt have to be the end of the road, you just used your face as askid plate, OUCH! dON'T DO IT AGAIN!

Answer 3

WOW, sounds like me and my brother. He hit me in the face with a weapon. He told me to shut up and I told him it's only 7 pm, your girlfriend shouldn't be sleeping if she's going to bed in a couple of hours.
I got arrested for 3rd degree assault. I had a few beers and while he's 5'9" @ 145, I'm 2 inches taller and 50 pounds heavier. Even though half my face was black and blue and he was unhurt, didn't matter.
I got it down to disorderly conduct w/3 years probation on a 90 day suspend plus a fine.
Unless you have a witness, it doesn't look good. The abduction probably will be dropped. If you are involved in something that is a good reflection on you, like in student government or volunteer work, I'd make it known. Can't say about sports though.
You should be able to get the assault dropped to a misdemeanor. A felony will hurt your employment opportunities far more.
They'll probably give you probation and mandatory anger management/alcohol abuse training. They should be willing to reach a plea bargain before the actual trial. Could be your best bet.

Answer 4

My suggestion is to get a good lawyer, however, it would depend on your past acts. Is this the first time you have ever been arrested? Why would you not be allowed to enter your building? Was it your dorm? Are there rules concerning coming in drunk? Did you hit her hard enough to break her collar bone? If so, then you did commit felony assault. Speak with your attorney about all of these issues. Most likely you will be given probation if you do not have a record. And as far as the cops making an example out of you comment, the police only enforce the laws. If you break it and someone is injured, you are responsible. Time to own up to your actions and the consequences that goes with them.

Answer 5

Reality:

(1). You were drinking however that is no excuse for your actions. Judges are wise to that defense so that is not a good defense option to pursue.

(2). You said you did strike her. Your intent (that is you did not intend to hurt her), does matter however under law, the fact of your alleged crime (you did strike her), holds as much weight or in most cases even more so, than your intent.

(3). You have a lawyer...that is most important. I have dealt with similar matters before and here is the reality. If you and your lawyer are able to communicate effectively with the prosecutor you should be able to work out lesser charges and possibly no prison time-because of having no prior record. It is VERY important that you express sincere remorse over this incident. If you are cocky and are trying to just "win" your case at all costs and you have NO concern for your victim then your case is lost. A lot of what will happen to you now depends on how you act and how good your lawyer is.

Good luck.

Harold C

Answer 6

First of all, you hit her hard enough to fracture/dislocate her shoulder??? Do you know how hard that is to do??? I have done both, and it took a lot for it to happen - hardly the equivilant of a punch. Yeah - I think you should be prosecuted for a felony on the assault.

And why would you grab her and hold her to stop her from pushing/hitting you?? Why not, oh say, walk away and leave the situation?????

I have been plenty drunk a number of times, and I have gotten myself into some bit of trouble, but nothing that I couldn't have done sober! Drinking doesn't normally make you do things you wouldn't do sober - it just impares your judgement. What you did was wrong, and they should penalize you for it. It's not a matter of "being made an example", but breaking the law and paying the price!

I bet you think twice before drinking again. . .

Answer 7

Prosecutors and police generally overcharge people initially. Your charges should be reduced when your lawyer talks to the district attorney. I can't say what you might end up being charged with, because I don't know where you are, or exactly how hurt the victim was.
If you were drunk, that should mitigate the "knowingly" part of your charge, because you have diminished capacity when you are drunk. You certainly can be sentenced to jail time and there is no way to know whether you will or not; it depends on a lot of things.

Answer 8

Not likely, but if you do it will be minimal! Was it your building?

Cut a deal! With a lawyer of course, representing you and giving you legal advice.

No one can predict an outcome of a charge as all judges are different, and charges between states vary, In my state that would be 1st degree assault which carries a maximum prison time of7 years!

Answer 9

Get a lawyer. Drinking is no excuse for your conduct and the Court will agree. Yes, you should be facing these charges because it sounds like you may be guilty of them. However, remember, that they are merely charges-not judgments- and an attorney may be able to help you get the charges dropped or reduced.

Answer 10

It is a zero violence on campus issue,

and no you do not want to go to trial, and esp a jury trial, since they will see you as a wild college student who was drinking and hurt a teacher.

I would say get a plea for a misdemeanor of some sort.