[RyanEricW]

State of Illinois. Lake county.

On the ticket:

In that said defendant in committing an assault used a deadly weapon. In that said defendant without lawful authority knowingly displayed a hunting knife thereby placing (name of plaintiff) in reasonable apprehension of receiving a battery.
-----------------

I was driving when I was forced off of the road, barely missing signs.
I honked and the guy continued to try and force me off of the road, so I pulled over, he got out of his car, so feeling in danger, I picked up a hunting knife in my truck and just waved it so he would back off. (I never got out of my truck, or even put anything outside of the window).
He got back in his car and we continued driving as he left me alone. He called the police on me and was arrested. I was charged with misdemeanor aggrivated assault class A.

This is my only offense on my record, and like I said, I never got out of my truck, never put the weapon outside of the window, I just waved it in self defense so he would leave me alone. (It's the reason I kept it in my truck).

What should I do?

I researched the offense, and noticed that max jail setence is 1year, and a fine of up to $2500?
Should I be in fear of going to jail? I'm a full time student with a 4.0 just trying to get by day through day no job. =\

Thank you!

[DonnyC]

I would probably take the hunting knife out of your truck. Did the male in the other vehicle approach you in a hostile manner? What was the nessessity of waving the knife around? I saw a similar case on my internship here in illinois and the indiviual was charged with unlawful use of a weapon. This is what the police officer told the other male. " If you felt your life was in danger at that point you should have first drove away from the situation, and secondly called the police." Just be careful of who your waving the knife at.

[aardvarc]

And never bring a knife to a potential gun fight. The reality of life is that carrying a knife for protection is going to get you shot and killed more often than it is going to help you.

[BOR]

Eric, from the facts as laid out you did not commit a crime, in my strong opinion. #1 you were forced off the road. This would make any person fearful for thier safety to start with.


2nd, you were approached as if an assault on you were emminent.

Preventative self defense is as recognizable as direct self defense.

In other words, I am approached by 3 man who clearly intend on harming me. I can't outrun them, so in order to minimize the degree of harm to me, I throw the 1st punch to hurt one to try to even the odds.

In your case your defense of waving the knife was preventative SD, IMO.


Plead innocent and demand a public defender if you can afford one.

[aaron]

The question that I suspect the police and prosecutor will want answered: Why didn't you just drive away? Your vehicle wasn't incapacitated, and he was out of his car.

Do you carry a cellular phone?

[BOR]

The question that I suspect the police and prosecutor will want answered: Why didn't you just drive away? Your vehicle wasn't incapacitated, and he was out of his car.

Do you carry a cellular phone?

Panic can cloud rational judgments.

[aaron]

I'm actually interested in his explanation. Do you think he'll be able to sell that to a prosecutor?

[BOR]

I'm actually interested in his explanation. Do you think he'll be able to sell that to a prosecutor?

Well, it is not like he just whipped it out on someone with absolutely no justification?



I wonder if the other person were charged with any crime.