Assault and Battery with Bodily Injury

bubbleblu · #1 08-24-2008, 10:42 AM

My question involves criminal law for the state of: California

I was in a bar a few nights ago, and was being harrased by a group of guys, the door men were going to throw them out,but I said it was ok, and I went to leave.

As I left I bumped into a man, we bumped into each other and I thought he was connected to the first group,I thought he was going to hit me so I hit him.It was over very quickly, he fell and I moved on, not running, not trying to flee, just continuing home.

The door men then wanted to keep me there for the police, which I was happy to do, because I felt that I was defending myself.After a while they told me to leave, but a few blocks away I was arrested.

I was arrested and admitted the assault, although I had been drinking so I am not exactly sure what I may have said.

I have been charged with assault and battery with bodily harm(felony), my wife posted 10% of the bail with a bail bond company.

To make matters more complicated I am a foreign national, who is in the final stages of immigration, with my final interview soon.Obviously a felony will mean that I will have to leave the country.

Given that I admitted hitting the man,that I have no prior convictions, that I am from another country.

What is the advice?

What is the most LIKLEY result of a court case?

Will I go to jail, if they say that it was an unprovoked assault?If so for how long?

PJ Weber · #2 08-24-2008, 04:42 PM

What is the advice? Get a lawyer NOW

What is the most LIKLEY result of a court case? Unknown

Will I go to jail, if they say that it was an unprovoked assault?If so for how long? Nobody can predict that

bubbleblu · #3 08-24-2008, 06:20 PM

ok, so I am able to shed some more light on the situation.

I spoke with the bar tender at the bar, who saw the event, and who stated that usually the police ask for the security cameras to prove things...

I bumped into this guys girlfriend, she had a full glass in her hand and spilled some of it so he pushed me and an argument started.

It was over quickly and we shook hands but he seemed to crush my hand and I jumped and hit him with my head.

At this stage the doormen jumped in and pulled us apart.

The guy was 5 inches taller than me, and quite big.

I spoke with my friend who was there who stated that it "was a weird night", that we were getting ready to leave, and that I was already a bit scarred by the other guys there.

He thinks that I was wound up and when the guy pushed me, even though it was not very hard I just got more scared?

I have never been drunk before, I have a long history of volunteer work, I came to America as a volunteer after Katrina where I met my wife.I have a small business and we are in a loving relationship.

However a few years ago I lost my family, and have recently been on Anti-Depressants, my friend thinks that they enhanced the alcohol because he thought I was acting very strange?

I would really appreciate any advice, I will see an attorney, but my wife has been in tears all day because she thinks I will go to jail & then get deported.

I also admitted the assault, but have no recollection, can this be withdrawn if I bring the anti-depressant - alcohol confusion into the picture.

I believe I hurt the guy, and I am sorry, but I do not want to be away from my wife in jail, we do not have any savings and I am the main wage earner.

cyjeff · #4 08-24-2008, 06:56 PM

We cannot predict what will happen. We just can't.

It sounds like you just kept hitting the guy... even during the handshake meant to make things right.

Your medical history being introduced in open court is a question to ask your attorney. However, I will tell you that "I was drunk" is usually not a very solid defense... or else there would be no DUI's issued.

As for deportation, it all depends on the outcome of trial. Violent felonies are at the top of the list, however.

bubbleblu · #5 08-24-2008, 07:03 PM

The only real contact was when he pushed me and I hit him.

At that point he went for me and the doormen stepped in,.They grabbed me and I did not resist.

When I was arrested I did not resist.

cyjeff · #6 08-24-2008, 07:06 PM

Okay, that is not what you wrote before.

You said that there was pushing, so you hit him. The doormen came over and told you two to shake hands.

Then, and I quote, "we shook hands but he seemed to crush my hand and I jumped and hit him with my head."

I count two attacks... and you admit you hurt him with the second.

Right?

bubbleblu · #7 08-24-2008, 07:13 PM

sorry,

I did not mean to cause confusion, I bumped into his friend, he pushed me, there was a scuffle, nothing very serious, the handshake the then I hit him.

cyjeff · #8 08-24-2008, 07:17 PM

Here in the states we call that a cheap shot. When you hit someone when they aren't expecting it.

How is it that you were defending yourself?

cissycicle · #9 08-24-2008, 07:19 PM

Quoting bubbleblu

sorry,

I did not mean to cause confusion, I bumped into his friend, he pushed me, there was a scuffle, nothing very serious, the handshake the then I hit him.

At least there might be some good news. If you go to jail you'll be able to stay in the country a little longer and make some new friends.

bubbleblu · #10 08-24-2008, 07:21 PM

A cheap shot it may have been.

I am not saying that what I did was right, that is why I admitted it.

I am just asking for some qualified advice.

I have never been arrested, have never hit anyone before, and have never pushed anyone because they bumped into me in a bar,.

I am told the man in question is pretty quite, but very big.

He should not have pushed me but I had no right to hit him.