I WAS WALKING W/ MY GIRLFRIEND AT THE MALL WHEN ANOTHER MAN WALKED WRIGHT IN BETWEEN US SEPERATING US APART AS HE CONTINUED TO WALK AWAY I SAID TO HIM"HEY MAN,WATCH WHERE YOUR WALKING" HE THEN TURNED AROUND WALKED RIGHT INTO MY FACE PUT HIS FINGER IN MY FOREHEAD AND SAID YOU WATCH WHERE THE F%#K YOUR WALKING..
FEELING THREATEND AND EMBARRESED I PUSHED W/THE PALM OF MY HAND INTO HIS FACE KNOCKING HIM ON THE GROUND.THIS JERK THEN HAD THE NERVE TO CALL THE POLICE ON ME.SO,I WAS CITED A TICKET VIOLATION AND NOW I HAVE TO GO TO COURT WHRE THE STATE PROSACUTER SAID THEY WANT TO OFFER ME A MINIMUM OF ONE (1) YEAR IN JAIL..WHAT DO I DO!!!
2007-10-19 06:37:15 · 21 answers · asked by Joey K 1 in Politics & Government ➔ Law Enforcement & Police
Explain the circumstance in court. If he raised his hand toward your face, you had a right to defend yourself. Of course he'll have a different story. Most likely it will be dismissed in court.
2007-10-19 07:06:34 · answer #1 · answered by CGIV76 7 · 0⤊ 0⤋
Were there witness's there besides the "victim" and your girlfriend? If so get their info, also get a copy of the police report and see exactly what it says. You should also charge him with assault since he did tough you in a threatening manner.
I don't think that you have a whole lot to worry about really, and I think the prosecutor is just trying to scare you. If it does goto trial get a lawyer, even a public defender should be good enough for this case.
Demand a jury trial, to be found guilty the prosecution has to prove that a reaonsable person would not have commited the offence to EVERY member of the jury beyond a reasonable doubt. If you can get one person on that jury to say they would've considered acting the same way then you will not be found guilty. Try to get a jury that that is younger and male, people who will more relate to you. Get a hiarcut before the trial, wear a suit to court and look sharp. Make sure you testify in court, and mention that you felt threatened. Have your girlfriend testify too, she should also say that she felt threatened by the person you pushed.
Even if you are found guilty as a first time offender, you won't get a full year in jail. Jails are too full to throw people in for that long who are convicted of minor non-violent crimes like this.
Remember these things -
Get a public defender
Have a Jury Trial
Testify at trial and have G/F testify at trial
Good luck with it.
2007-10-19 07:55:56 · answer #2 · answered by scottiekicksass 4 · 0⤊ 0⤋
Who told you that the prosecutor was going to offer you one year in jail? I find that hard to believe. The crime--if any--as you described it here is a misdemeanor and carries a maximum of a year in the county jail.
Further, if you do not have an extensive record, any jurisdiction that I know of would offer you a term of probation and a fine for a case like this.
You also may have a defense of self-defense. I would want to know more of the facts to know if you have a good defense.
You should hire an attorney. If you are out of custody--which you must be if you are writing on the computer--most courts will make you hire an attorney and not appoint you one. However, the people that think you are screwed if you get a court appointed attorney are totally ignorant. There are some incompetent court appointed attorneys and there are some incompetent private attorneys. However, when you compare average court appointed attorneys and the average private attorney, your court appointed attorney has much more experience in criminal law, jury trials and negotiating pleas with the police.
2007-10-19 06:59:14 · answer #3 · answered by . 3 · 0⤊ 0⤋
In reality, he was being rude. That is not illegal. You pushed him, that is illegal. I'm not sure where a minmum of 1 year in jail came from... that would make this a felony. Are you leaving something out?
I'm not too sure anyone is going to believe "its not my fault". By your own description, he kept waking away, and you called him back. That destroys your self defense, as he was walking away and you continued it.
If what you say is all that happend, and you are not leaving anything out, I wouldn't waste my money on a lawyer... yet. You should be able to set up an appointment with the prosecutor and discuss the situation. Under the circumstances, I do not see this going to trial, it is too petty. Assuming you are telling the whole story. If things go bad later, get an attorney then.
2007-10-19 06:59:52 · answer #4 · answered by trooper3316 7 · 0⤊ 0⤋
Tell them the truth. That you and your girl were walking along, minding your own business and this guy pushed between you two. You called him on his rude behavior and he put his hands on you (putting his finger on your head is putting his hands on you). You felt threatened by his behavior and pushed him away. You did not strike him, you pushed him away. He lost his balance and fell.
Tell the DA that if he wishes to pursue this then you wish to press charges against the other guy for simple assault as well. There is no law against calling people down for rude behavior; his aggressiveness in both pushing past you both AND then getting in your face (literally) is what escalated the issue to where you felt your safety was threatened.
The prosecutor is counting on you being a dumb kid and falling for his slam-dunk. Since the other guy hit the ground and not you, you are the one being charged with assault even though the other guy's actions precipitated the whole thing.
Be prepared to appeal; good news is that if you immediately appeal a simple one-year sentence you can post an appeal bond and never see a day in jail.
2007-10-19 06:50:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well, I do not condone your smart mouth that got you into this mess. You could have just said nothing and avoided this whole problem....but since you felt compelled to mouth off, here is a possibile assit for you.
Most decent-big malls have TONS of surveillence cameras all over. I would highly recommend getting yourself a copy of the footage and a good lawyer. I would also recommend reporting his "touching" of you and asking for a filing of 2 counts of battery against him (you may have to demand a citizen's arrest for these). One for when he walked "through" you and your girlfriend and another for him putting his finger on your forehead. He may not be so willing to testify against you if there are charges hanging over him as well.
Honestly, you knocking a guy to the ground that you mouthed off to (after he did a dumb and wrong thing) was not the proper response to that situation. Shoving a person to the ground is not "reasonable" self defense for that situation. He was a jerk but you lowered yourself to his level and now look what happened. You ran your mouth off and it got you trouble. You could have walked away, you could have not stopped when he came back up to you and touched your forehead.
Sounds more like you were feeling emasculated in front of your girlfriend and you tried to be a big shot by mouthing off to him. Maybe next time you just shut up and recognize that there are tons of morons out there but you don't have to tell them all that they are stupid........
2007-10-19 06:58:06 · answer #6 · answered by Rottluver 4 · 0⤊ 0⤋
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2016-12-18 11:53:07 · answer #7 · answered by louthan 4 · 0⤊ 0⤋
Any man would have done the same in your position. The other created the first and second assault. First by causing the initial confrontation, secondly, by approaching you with the intent of causing a violent situation. The other man committed the battery by placing his finger on your forehead, triggering your response to repel him. The other man incited the confrontation. Fight the charges.
2007-10-19 06:45:46 · answer #8 · answered by Anonymous · 1⤊ 1⤋
I am deeply sorry for you man.I hate people like that, he was trying to be Mr.Tough Guy but you pushed him in self defense dude he put his hands on you first and if it happened in the mall, chances are it was captured on video so file a subpoena and get the video from the mall security and prove that it was in self defense.Good Luck......
2007-10-19 06:44:43 · answer #9 · answered by SUPERMAN 4 · 1⤊ 1⤋
It was your "fault". Your actions were not self defense.
You should hire a lawyer. He may be able to plea down to something that results in less jail time.
2007-10-19 06:42:27 · answer #10 · answered by davidmi711 7 · 1⤊ 1⤋