at school my roommate and i got into a fight and i had a knife. The police got inolved and she told them i threatened her but i NEVER did. i was charged with agg. assault and she was only simple battery. I am a first time offender. we both had to spend the night in jail and then had a hearing the next morning. we were officially released. i now have a court date coming up. What most likely will happen at court? will i have to go back to jail?
2007-11-23 02:40:17 · 10 answers · asked by Aqua2011 3 in Politics & Government ➔ Law & Ethics
You will not have to go back to jail on your next court date. Presumably you either posted bail or were released on your own recognizance. This next court date is likely an arraignment. This is where the charges are formally read to you and you are explained your rights. If you cannot afford an attorney, you will have the opportunity to ask for a court appointed attorney (public defender) at this time. You then either may plead guilty (a bad idea), not guilty, and you will be put in contact with an attorney, and several more dates for hearings will follow.
As far as going back to jail....Much depends on the state in which you live. If you're convicted of aggravated assault in Texas, you will get 2 to 10 years in prison. A good attorney should be able to help you plea this down and work out something without jail time. Good luck.
2007-11-23 03:19:52 · answer #1 · answered by Jack 5 · 0⤊ 0⤋
You don't have to verbally threaten a person with the weapon you possess nor wield it in their direction in order for it to be perceived as a threat. Simply telling someone you have a knife or letting them see it in your pocket without even touching it with your hand is considered a threat and can get you charged with agg assault.
On the other hand, if you never made any gestures or said anything that alluded to the existence of the knife and you were merely in a fist fight, then it will be harder to make that charge stick. The problem is simply having the knife on you while in a fight complicates things if the other person knows you have it.
The police will often charge you with the highest possible charge in hopes of a better chance of getting something to stick. They know that sometimes the prosecutors will lower the severity of the original charge if it is a bit questionable.
Many courts grant probation or deferred adjudication for first time offenders. It just depends on what the prosecution pushes for.
Get an attorney who is familiar with the prosecutors in your area. Tell them the truth about your case so they have as much information as possible to work with.
Good luck!
2007-11-23 02:57:58 · answer #2 · answered by jobel 3 · 2⤊ 0⤋
Was this a "knife" as a crockidile dundee OR a nail clipper - key fob - pocket knife - jack knife sized thing ?
Further, sounds like you already gave a statement to the cops - was it your word against hers ? Witnesses ?
You MUST get an attorney - you have subjected yourself to THE MACHINE - - those that approach it without an attorney WILL GET SCREWED ! - Most public defenders will try to ple-bargain - which may or may not be OK, if you are dirt poor - call the local law school and ask a criminal procedure professor and ask him/her for a local referral for someone who is a good local public defender. Public defenders dont get much per person they are defending and therefore dont have alot of time to spend on each person they represent - this can result in not turning over every defense "rock" - like a proper probable cause analysis ..good luck !
2007-11-23 04:08:12 · answer #3 · answered by thefatguythatpaysthebills 3 · 0⤊ 0⤋
As a first time offender, you probably can get your lawyer to do a plea agreement that gives you community service and probation. I very much doubt you will do any time. If you can get the charge lowered to a misdemeanor that would be major. If it remains a felony (which aggravated assault is), you have a strike. Do something nutty again and you could be talking mandatory jail time in the 5-10 year range. DO NOT FIGHT AGAIN AND DO NOT BRANDISH A WEAPON UNLESS YOUR LIFE IS IN DANGER. Good luck.
2007-11-23 03:13:05 · answer #4 · answered by crocolyle10 3 · 0⤊ 0⤋
Well, my father is a police officer and I had to ask him for his advice and what will happen. He said "A lot of thing like this happen a lot and a lot of people can not help their self. You have to make sure you have a good lawyer. Take pictures of the scene if possible, make diagrams. Doing this will get the judge or jury's attention. You must be serious and professional." My father said he had a case where the defendant was just yelling and screaming and the judge just said he had enough and he told the bailiff to take him to jail and keep him till the next court date. My dad and I wish you luck.
2016-05-25 02:36:11 · answer #5 · answered by krystle 3 · 0⤊ 0⤋
It's your first offense. You might just get probation or community service. If you were the only one that went to jail you should be worried, but since that wasn't the case I'm sure that the cops saw that she was irate or something. Get a lawyer anyway.
2007-11-23 03:27:11 · answer #6 · answered by Unique1 2 · 0⤊ 0⤋
I can't tell you what will happen because I don't know. Get a lawyer and take this as a learning experience. Try to avoid fights as much as possible from now on.
2007-11-23 02:53:49 · answer #7 · answered by pegasus_1174 5 · 0⤊ 0⤋
If convicted you will probably have to go back to jail. All I can say is that I hope you learned your lesson. Don't let people get you so enraged. Good luck!
2007-11-23 02:48:54 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer
2007-11-23 02:48:16 · answer #9 · answered by MARY N 4 · 1⤊ 0⤋
"I had a knife"
"I'm so scared"
You should have thought about that before you scared her with the knife .
2007-11-23 03:11:40 · answer #10 · answered by Thomas H 4 · 0⤊ 1⤋