will I go to jail?

Question

Last week the Police were called to my property because 2 friends of mine were fighting,I calmed the situation down but the police insisted on coming in and pushed their way through my door. Because Id had a few too many I retaliated and got into a fight with the lady officer. We fell on the floor i hit her and had her by the hair,she was kicking me and trying to give as good as she was getting. She went to hospital that evening and has made a statement saying she has never been so scared! I am in court on Thurs 25 Jan 2007 and wanted to know if I will go to jail. I am a single parent of 2children. I do have previous for violence but about 3 years ago.

Answer 1

yes you are going to prison. never hit a policeman/woman

Answer 2

Jail is where a person goes if they are serving a sentence that is less than a year - prison is more like it.
It does NOT matter that the police did not have permission to enter your home. The U.S. Supreme Court passed a ruling that stated that if a person is in imminent threat of great bodily harm and/or death, or their is an imminent threat the public that law enforcement may intervene to prevent loss of life. With that being said, don't try to build your case on wrongful entrance because it won't hold water.
There are a number of factors that depict what will happen to you:
1) Your parenting status; judges do not like to see the state system raising anyone's children but don't think that it does not happen. If you use your children as a crutch to get you out of this, you are most likely going to be screwed - judges frown on this.
2) Your AODA issues; while blaming the situation on alcohol and/or drugs seems like a good idea, it isn't going to divert the fact that you assaulted an officer - there is no excuse for that.
3) Prior Record; typically people that are diverted from serving sentences in jail/prison are first time, non-violent offenders. Considering you are neither and your past record shows history of violence; this is not in your favor.
4) The crime; Assaulting an officer is a very serious crime. Given your past record, it shows that not only are you violent but that you obviously have no respect for authority. If a person has no fear in assaulting an officer (this varies from spitting to hitting) then they are typically seen as unruly.
Unfortunately for you, based on the comments read here, even a jury may not save your ***. You will most likely get the most lenient sentence by pleading guilty and explaining to the judge that there is no excuse for what you did and OWN YOUR MISTAKE. No one ever seems to give that as advice.
My $0.02. You can take it or leave it, but the reality of the situation is people that assault officers trying to uphold the law should most certainly see punishment; probation is too good for you. You probably wouldn't assault an officer again if you serve 3 years in prison getting treatment and seeing your children in a jumpsuit.

Answer 3

Judges are human beings and are as equipped as anyone else to be able to make a decision that's in the best interests of all concerned - including your children.

I'm sure the police officer that you assaulted is of the same thinking.

With this in mind - the likelihood is that you will 'escape' a jail term and instead be handed a fine (and a schedule of payment that takes into consideration your financial situation), a probationary period (that may incurr community service) on the basis that you partake in, ands adhere to a regime of councelling (as directed by the judge).

So - don't be concerned about a jail term. Instead - be more concerned with the fact that, twice already, you have gambled with the hearts and futures of your children.

Heaven forbid - but a third offence - may well result in the jail term for you and the custody of your children.

Be remorseful, genuine, polite, measured and submissive in front of the judge. He's judging your character as much he is judging the felony that has brought you before him.

Answer 4

I honestly cant say if you will spend time for your crime but you can always say you were provoked, protecting your property, think a lot of people now say their drink was spiked and they dont recall anything although i personally think its a bad excuse. Where were your children when all this was kicking off? The judge may take into account that you have been good for 3 years and let you off with a lesser punishment. Tell them you have thought about your actions and you are truly sorry and that you are seeking help with your anger and drink. Good luck and remember to vote for your best answer before thursday, just in case. Main thing is to look at the police woman you assaulted and say sorry and look like you really mean it.

Answer 5

So you beat up a female police officer, and your question is 'am i going to jail?' Not only are you going behind bars mate, your *** will be gettin more pricks than a pin cushion. Screws don't take kindly to pig bashers. You can expect the worst possible treatment, worst cell mate, worst showering time, just about everything that could go wrong. Sorry if this is a bit harsh, but you just don't fight a copper, especially when you've had a beer, just asking for trouble, a bit like walking up to a lion and smacking him round the face with fine piece of salmon. YOU JUST DON'T DO IT.

Answer 6

OK your situation does sound bad. You have court in a few days? You should contact a criminal attorney in your area. Did your children witness this? The courts are going to look at all facts relating to your criminal past, if it involves violence. Ask for a continuance so you can hire an attorney, you will get a week or 2 to do this. You need to hire an attorney someone to negotiate a deal that keeps you out of jail for the sake of your children. and if they prevail, quit having drinking parties at the home of your children. Your responsibilities as a parent far out way, you wanting to throw drinking parties that require police assistance.
Good Luck, for the sake of your children.

Answer 7

Probably, and a good job too really given your past record.

It's not exactly a good example to your kids is it?

Maybe you need some time inside to rethink your life....
Try to set yourself some goals for a new life. Things like:
1) How to become the person that the social services will approve of to get your kids back.
2) Getting training, education to get a good job.
3) What are your dreams?
4) Remember you only have a short time on this earth. Remember your goals and your dreams every day, and every day work towards making them come true.
Before you go inside go and get a copy of Paul McKennas book "7 days to change your life" and read it quick.
Then think....
YOU have the potential to be a big success if you let yourself.

Answer 8

Yes. You will probably go to jail, and you deserve it. You cannot fight with an Officer. I am suprised that you were not booked into jail that very night. In California if you had done this, it is a felony (PC 69) and punishable by prison time. You never have a right to assault or fight a cop.

Answer 9

The fact that you weren't taken to jail that night and required to post bond is amazing in and of itself. Where do you live? In Texas, you would have gone to jail that night, would have had to post bond and given a court date on charges in "Assault of a Peace Officer" or "Interfering with a Police Investigation". I would definitely get a lawyer and you may end up with a fine, probation and community service.

Answer 10

Trust me on this one! I been though the system since i was six years old! You wont go to jail you will probley get probation and anger classes. It Depends on the state you live in too. Because like every one knows the system is diffrent in each state! But since your a single parent that will help alot! More likely probation !

Answer 11

Im sorry hunni but i think you will be going my boyfriend just did 8 month for something far petty from this.

I suggest you start finding somewhere for your children to go and who will look after your house/ finances you only got 2 days left.

Take a few things to court with you i.e toothbrush, clothes underwear as my bf never took anything with him as he dint think he would get sent down and had to wait 4 months before they would let him have more clothes.