[John_deere_ls6]

My question involves criminal law for the state of: MICHIGAN

on new years night i was shoved by a guy (he was drunk and a diabetic) that had came up to me in the bar and started exchanging words (did not no him at the time) with me for 30 minutes while i was shooting pool (so i would walk away, but only to shoot my game the it was back to him talkin smack)... so as i sed he shoved me first and grabbed my shirt so i poped him in the face casue he wouldnt let go. his face got messed up and pressed charges the next day after a trip to the hospitol after he went home that night via personal car. after i hit him and he let go i left no other issues... it WAS NOT even a good hit, seriously... *HE ADMITTED IN THE POLICE REPORT TO EXCHANGING WORDS WITH ME WHILE I WAS TRYIN TO PLAY POOL AND THAT HE SHOVED AND GRABBED ME FIRST.*

rumor has it he has "around 8k in damage" becasue he already had prior plastic surgery.

im being charged with aggravated assault: here is the definition:

750.81a Assault; infliction of serious or aggravated injury; “dating relationship” defined.

Sec. 81a.

(1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.


i have no prior record, I ALSO HAVE MY *CONCEALED PISTOL LISENCE AND CANNOT LOSE THIS!* and have already plead not guilty... im trying to make thsi go away without the aid of an attorney casue im about to be laid off for a while from my job.... can i get this dropped? can i win a jury trial? also i have a sober witness that watch all this unfold along with my story and him admitting to grabbing me first.

also the cops and prosicuter will not release a police report to me if i do not have an attorney... can they do this?


LASTLY, he HAS health insurance, can he civil suit me for his medical bills? his wife works in the medical feild and im almost positive she had her cronies exaggerate his bills and condition.


THANKS IN ADVANCE,

[cdwjava]

i have no prior record, I ALSO HAVE MY *CONCEALED PISTOL LISENCE AND CANNOT LOSE THIS!*

That may not be your decision.

im trying to make thsi go away without the aid of an attorney casue im about to be laid off for a while from my job.... can i get this dropped?

Without an attorney? probably not. Even with an attorney, it's questionable. Unless the DA looks at the case and decides it is meaningless to puruse, you're in trouble here.

can i win a jury trial? also i have a sober witness that watch all this unfold along with my story and him admitting to grabbing me first.

No one can predict what a jury will do or how well your case might be presented to a jury. If you do go to trial, you will need your witness.

also the cops and prosicuter will not release a police report to me if i do not have an attorney... can they do this?

Apparently they can. I suspect that if you go on record as acting as your own counsel, they'd have to give the report to you. But, if you do that, understand you will be expected to do everything an attorney would.

If you have no assets and insufficient income, you should be eligible for a publicly paid attorney.

LASTLY, he HAS health insurance, can he civil suit me for his medical bills? his wife works in the medical feild and im almost positive she had her cronies exaggerate his bills and condition.

Anyone can sue anyone else for anything. Winning is the tough part.

If the insurance company is out money, THEY might sue you ... if he's out some money or lost wages, then he might also sue you - maybe for pain and suffering, too.

So, yes, you can be sued. He will have to prove the damages in court.


- Carl

[M'sta Mikey]

Skip the health insurance statement, along with the 'I have a CPL and cannot lose it'. He 'grabbed you' (assault on his part if it stopped there) but you "popped him in the face"; Assault AND battery and/or aggravated assault. You had the opportunity to walk away or contact authorities when the 'conversation' became heated. You did not and took matters into your own hands.

Consult with a criminal defense attorney. If charges are being filed, you'll need one.

[divemedic]

In Florida, this would be legal self defense- as you are permitted to meet force with force, and are not required to retreat. You are going to need a lawyer.

It amazes me that people who would never consider doing their own dental work or neurosurgery will try and defend themselves in court.

[cdwjava]

In Florida, this would be legal self defense- as you are permitted to meet force with force, and are not required to retreat.

But, self defense is an affirmative defense to be asserted - not a given. The OP would have to show that the force used was reasonable and necessary in order to prevent future assault ... I suspect that the state is likely to allege that he used disproportionate force in order to beat back an annoying individual. It is also possible that other witnesses will have a different account of who did what to whom first.

It's rarely a simple matter.

- Carl

[John_deere_ls6]

think it would do any good to go file charges on him for assaulting me first, perhaps a bartering tool?

as for the witness... his story matches mine to the T... the only people that saw any different were this guy and his wife... they told everyoen i head butted him which wasnt the case cause my knuckle was bleeding and i now have a scar from it... so there testimony is shot in the ass...

what do you think the county prosicuter will try to offer me for a plea deal?

thanks for the fast responses guys...

[John_deere_ls6]

In Florida, this would be legal self defense- as you are permitted to meet force with force, and are not required to retreat. You are going to need a lawyer.

It amazes me that people who would never consider doing their own dental work or neurosurgery will try and defend themselves in court.

im not quite to the court stages yet and if my pretial meeting with the p.a. doesnt yeild what i want i will be gettin an excellent attorney... but i enjoy fighting speeding tickets (i always make out good on them, not the same but its a court process and chess game as such is this) so i figured id try and see what i can do before i shell out some money

[John_deere_ls6]

Skip the health insurance statement, along with the 'I have a CPL and cannot lose it'. He 'grabbed you' (assault on his part if it stopped there) but you "popped him in the face"; Assault AND battery and/or aggravated assault. You had the opportunity to walk away or contact authorities when the 'conversation' became heated. You did not and took matters into your own hands.

Consult with a criminal defense attorney. If charges are being filed, you'll need one.

i under stand i coulda walked away more so than i did while i was palyin pool, but when he grabbed me and wouldnt let go it reminded me of the last person i saw this happen to, where after he was grabbed he was blasted, i wasnt gonna allow my self to be hit in the face, my nose is already crooked enough lol..... i.e. self defense.

[cdwjava]

think it would do any good to go file charges on him for assaulting me first, perhaps a bartering tool?

Keep in mind that you likely already mentioned that to the police when they talked to you about the attack. Do you really want to go back and offer up another statement that might conflict with the first?

Before you go in and ask for a report against the other guy for assaulting you, consult an attorney.

as for the witness... his story matches mine to the T...

That will be bad. If the stories are TOO close, often times that will imply coaching. Plus, if your witness is your close friend, then their statements will already be suspect. Just be aware that the effects of your witness could be minimized by a decent prosecutor.

the only people that saw any different were this guy and his wife... they told everyoen i head butted him which wasnt the case cause my knuckle was bleeding and i now have a scar from it... so there testimony is shot in the ass...

Sounds like you have two against two ... there could be any number of explanations for the injury to your knuckle. And that injury doesn't prove that you did not head butt him ... it might only prove that you also punched him!

what do you think the county prosicuter will try to offer me for a plea deal?

Probably a lesser assault or a public disturbance charge.

- Carl

[cyjeff]

By the way, there is nothing that says you BOTH can't be charged and convicted.