First time assault in New York
I was subletting one room to a girl that after a year living with me went crazy and pushed me then slapped me when we were fighting in the kitchen in front of a co-worker of mine.
I pushed her and hit her back, she came after me, threw a glass bottle at me and hit me without causing much damage. The next day she decided to move out of the apartment, her boyfriend asked me for money ("security deposit" from the sublease), said that she had bruises from the fight, and threatened to press charges if I didn't give her money back.
So, two days after the fight she pressed charges for assault. I don't know what she told the police (she hit me first!) but the NYPD came looking for me and left a card on my door. I called the detective who asked me to go to the station. I told him I didn't know what was going on and I needed a lawyer. He asked me if I hit her and I said no.
I got a lawyer. The lawyer called the detective, asked if we could press charges against her (the detective said "no" because they would be "retaliatory") and told me to go turn myself in (after charging me $2,500 for the whole case -- not including possible trial).
The NYPD arrested me without reading me my rights, gave me a desk appearance ticket and released me in a few hours.
What is going to happen to me? Am I going to go to prison? Will I have a record?
I'm a permanent resident with a foreign passport. Am I going to have to surrender my passport? Can I leave the country now if I get back for the court date?
Should they have read me my rights? I went to the station, shook hands with the det. He said he'd treat me like a gentleman and he wouldn't handcuff me. Then we had to go to another station to process the arrest (because of some constructions at the first station). When we got near the second station they handcuffed me... still without reading me my rights.
This is my first offense.
Re: First time assault in New York
If you are found guilty it is unlikely you will go to prison or be incarcerated although incarceration is a possibility. Since this is your first offense that goes in your favor and it appears you may have a defense of self-defense. The fact that you were not read "your rights" is inconsequential unless you were subjected to in-custody interrogation and they obtained some type of incriminating statement from you.
Whether you end up with it on your record depends on what the final disposition of the case is and the disposition of the case will also possibly affect your status.
You've got an attorney working on your behalf which is the right move under all your circumstances so you have to voice your concerns to your attorney so he can take them into consideration in negotiating a possible disposition if you do not want to run the risk of a trial.
It appears that the co-worker may hold the key to your case--has the co-worker talked to the police and do you know the co-worker's version of what transpired?
Re: First time assault in New York
The coworker didn't talk to the police. He told me and the girl's boyfriend what happened. He recalls that she hit me, then I hit her, then he got between us, pushed me aside, then I ran into my room and while I was running away she threw the bottle and hit me on the wrist.
How does the arraignment work? Will they ask me to post bail? Do you know how much they usually ask for cases like this? Will I have to surrender my passport? If not, will I be allowed to temporarily leave the country? My only other form of identification is an expired out-of-state driver's license. Will that be a problem too?
I'm supposed to start grad school in a different state 25 days after my court date. Will I be able to?
Thank you.