attack her with a hammer. There wasn't a hammer but there was a handle to a hammer. I picked it up to get her and another female from hurting me. How will this get looked at it court. I plan to get a lawyer
2006-07-24 08:36:59 · 41 answers · asked by moca_82 2 in Politics & Government ➔ Law Enforcement & Police
no one got hurt it was just to scare them away
2006-07-24 08:39:58 · update #1
Assault is a crime. If you were in immediate apprehension for your safety, then, in most jurisdictions, you are allowed to take appropriate and reasonable measures to defend yourself.
Self-Defense just may apply.
2006-07-24 08:40:19 · answer #1 · answered by Steve 3 · 0⤊ 0⤋
Definitely get a lawyer. Make the case for self defense. If all else fails, get it thrown out on a technicality because of an inaccurate report that says you attacked them with a hammer when in fact you defended yourself with a stick.
2006-07-24 08:41:31 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Wow. It's based on your testimony and the judge. You might want to speak to a lawyer...not that he needs to come to court with you - however, I would definately speak with a lawyer and have him review your case.
The story sounds a little flakey. I mean I'm not getting a lot of detail here...the thing you need to prove is the fact that they really were going to harm you. You were the one with the weapon. Now you have to prove why you thought you needed to defend yourself.
Battery would have been if you had actually hit her.
Assault is the act of threatening. (You were the one with the weapon, so assault would be the correct charge. If they threatened you, they should have been charged with assault as well. The fact that the cops did not charge the other two women will be considered.)
Plus, it's relative to what you told the cops.
2006-07-24 08:39:18 · answer #3 · answered by Corn_Flake 6 · 0⤊ 0⤋
Honey you need to be careful! I almost lost my baby to CPS because of fighting! The only reason I didn't was cause they dropped the charges! But if it was self-defense and there were witnesses that will back you up or you have other means of proof then you should be ok! Otherwise you may get probation! There are alot of angles your lawyer will be able to go! Definately consult some legal council you don't want to have your baby in jail or lose it all together! Good luck girl and god bless you!
2006-07-24 08:42:59 · answer #4 · answered by mistyblue7404 3 · 0⤊ 0⤋
You had better convice a jury that you were in immediate danger and feared for your life or your baby's life. Anything other than that is a crime. If you felt threatened and didn't call the police FIRST, your only viable defense is a life or death situation.
It sounds as if the police didn't believe it was, so you will probably end up being found guilty or advised to take a plea bargain. If you have no prior history of violence or arrests, you should only receive fines,court costs, probation, and court ordered counseling.
2006-07-24 09:46:16 · answer #5 · answered by Jaime Jerome 2 · 0⤊ 0⤋
The fact that it was a hammer handle will all come out. Just talk to your lawyer about it. You don't need help from anyone here.
2006-07-24 08:42:02 · answer #6 · answered by Mr. Bojangles 5 · 0⤊ 0⤋
A lawyer is definately the smart thing to do. If it was in self defense, you should be fine. There are many factors involved (prior record, the judge, how good of a lawyer you have). I don't know if you did or not, but in cases like these; it's always good to press charges on someone that is also pressing charges on you.
2006-07-24 08:44:02 · answer #7 · answered by Spanish Angel 2 · 0⤊ 0⤋
Give the judge a crying story of how you thought you were going to get hurt,but tell him there wasnt a head on the hammer. Also retain an Attorney. Good luck sweet!
2006-07-24 08:44:00 · answer #8 · answered by ~Aqua.. 4 · 0⤊ 0⤋
If there were two females trying to harm you, then that was self-defense. As long as you didn't try attacking the responding officers with that hammer handle, you should be ok. I think that it would look worse for them since they were trying to gang up on a pregnant woman.
2006-07-24 08:40:57 · answer #9 · answered by Melanie 3 · 0⤊ 0⤋
Get a good defense lawyer, sounds like you're going to need it. If there are witnesses other than the accuser you might be in trouble if they back up her story, otherwise it's your word against hers. A good lawyer will make all the difference in the world.
2006-07-24 08:41:10 · answer #10 · answered by auntsarastrikesout 3 · 0⤊ 0⤋
Pregnant women come into the correctional system regularly. If you are incarcerated, you will perhaps be housed with other pregnant inmates. In most cases social services really doesn't want your baby and is willing to let you put the infant in the care of some family member of your choosing. Good luck and God Bless.
2006-07-24 08:54:22 · answer #11 · answered by Anonymous · 0⤊ 0⤋