To make a very long story short, I punched one guy (18) once in the face (no real harm done), and I pushed another kid (17) off of me (but he's trying to say I choked him. I have witnesses.)
Both are pressing charges. They have been classified as a M1 Misdemeanor, both with a 6 months in jail and $1000 fine max penalty. I have went to pre-trial, the prosecutor made no offers.
To be honest it was an act of self defense. I have 5 eye witnesses backing me up, 2 of which are non-affiliated with me. Problem is, they basically have the same amount of witnesses lying for them on their side.
I am 18 years old, this will be my first offense. I am signed up to leave for the Marine Corps. I was supposed to leave Sept 18th but all of this happened, I'm wanting to get out of here as soon as possible.
I currently have a Public Defender but plan on hiring an attorney as soon as I obtain the funds. The jury trial isn't until January 25th. I have a bad feeling about it, hence why I'm askin
2006-11-15 19:46:28 · 13 answers · asked by Adam S 1 in Politics & Government ➔ Law & Ethics
You're not going to jail on a 1st offence misdemenor assault, not to worry. Make sure your witnesses are their in court for you. Don't settle for a plea agreement other than J-walking. Your Attorney should be able to show that the other guys witnesses are bogus.
2006-11-15 20:17:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Get all of your witnesses together. Make sure that they are willing to go to court and testify for you. Alot of people wuss out when the rubber hits the road.
Also, in most states assault is defined as injuring someone. In order for it to be assault, any contact must result in an injury. Check the actual laws in your state.
See if your hired attorney can arrange for a diversion. This is when the case is continued for a period of time (usually 6 months or one year). If there are no further problems between you and the alleged victim, the case is dismissed.
Then after 60 days you can file to have the charges expunged. It will be as though it never happened with no court record.
Worse comes to worse, it's nothing to worry about.
2006-11-15 20:30:51 · answer #2 · answered by bartmcqueary 3 · 0⤊ 0⤋
No, you should not go to jail unless someone was really hurt baddly. I have an Assault and Battery charge and an simple assault charge......neither of which I went to jail for. I just paid my fine $480 for assault and battery and $160 for simple assault
And I did not have an attourney or public defender. But you said jury trial so you never know with those types of trials.....All I can say is make a good impression on the jurors, and good luck
2006-11-15 19:56:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
A misdemeanor will not carry a tough penalty. More than likely, no jail time.
I know someone who got a felony assault with a deadly weapon and he got probation. Then he went to jail for a year because he violated probation. He almost killed a guy. In comparison, you should walk away with a slap on the wrist, but get your witnesses in order. It could even be dropped!
2006-11-15 20:28:18 · answer #4 · answered by Cub6265 6 · 0⤊ 0⤋
Even if you are found guilty, misdemeanor assault for a person with no record usually won't net jail time. The most I have ever seen in such case was probation and fees. But, if you have a solid case then you will probably shake it. Good luck.
2006-11-15 19:52:36 · answer #5 · answered by zaffaris 5 · 0⤊ 0⤋
The bondsman will take his cost out of the $1200 and something will settle for back on your husband. He has the alternative of utilising it in the direction of your fines and courtroom fees. you're able to do penal complex time for this, yet frequently they only desire a huge high quality and which you may attend anger administration and alcohol intake classes. you will in all threat would desire to do an alcohol assessment earlier you're sentenced. I strongly urge you to talk to a qualified lawyer on your city!
2016-10-15 15:04:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Gather all pertinent evidence in order that your defense will be strong. Be careful in the presentation of evidence so that it will be credible enough to convince the judge or jury to decide in your favor.
2006-11-15 20:19:47 · answer #7 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
You HIT somebody,so you are going to jail. It's illegal! It's against the law! When will people realize that hitting it illegal, and hitting is absolutely no way to solve anything.
Hitting people just makes you wind up in jail. It ain't worth it to hit someone, ever!
Keep your fists to yourself, and walk away next time a confrontation arises! You little shite!
2006-11-15 19:53:41 · answer #8 · answered by Anonymous · 0⤊ 2⤋
best thing to do is use your child hood as an excuse
eg: being abused by men at a young age,which now you have a reaction to being touched abused by men
thats the best way cause i was kinda in the same sitch and my soliseter kept me outta jail for the one excuse
2006-11-15 19:53:07 · answer #9 · answered by IZZA 1 · 0⤊ 1⤋
more than likely you won't go but it will mainly depend on your past record and the extent of the assault, but expect some probation and big fine
2006-11-15 19:48:53 · answer #10 · answered by mbs1669 2 · 0⤊ 0⤋