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Assault and Battery with Bodily Injury

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  • 08-24-2008, 06:22 PM
    cyjeff
    Re: Assault and Battery with Bodily Injury
    Quote:

    Quoting bubbleblu
    View Post
    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.

    I am not asking this question repeatedly because I am practicing my typing.

    Why do you believe you were defending yourself?
  • 08-24-2008, 06:27 PM
    bubbleblu
    Re: Assault and Battery with Bodily Injury
    I think I was drunk, scared, annoyed, stupid.

    That is not a statement of self defense.

    But I have to ask if he pushes people for nothing is that not also assault?
  • 08-24-2008, 06:37 PM
    cyjeff
    Re: Assault and Battery with Bodily Injury
    Quote:

    Quoting bubbleblu
    View Post
    I think I was drunk, scared, annoyed, stupid.

    That is not a statement of self defense.

    Okay... this is becoming silly.

    In your very first post, you stated "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."

    Now you are saying that you were not. If you were not defending yourself, then the charge makes more sense.

    Quote:

    But I have to ask if he pushes people for nothing is that not also assault?
    It may be.. but you pushed his girlfriend too, right? Intentionally or not.

    That is the purpose of having the bouncers have you shake hands... no blood, no foul.... well, up until the time you head butted him.

    What it comes down to is this... due to the circumstances around your striking him and the resultant injury, you are going to have a tough time convincing a judge that you should have put him in the hospital because he squeezed your hand during a conciliatory handshake.

    Talk to your lawyer.
  • 08-25-2008, 10:54 AM
    cdwjava
    Re: Assault and Battery with Bodily Injury
    This is not an issue of self defense, so you are sort of limited in your options.

    Once you get an attorney, you might be able to plea to misdemeanor battery ... maybe.

    What code section are you currently charged with violating? PC 245? PC 243?

    - Carl
  • 08-25-2008, 05:43 PM
    bubbleblu
    Re: Assault and Battery with Bodily Injury
    I was charged with pc243(d).

    It is driving me crazy, I have spoken with 5 attorneys, who all say that they feel the case may be dropped before court, but then again, they all are trying to sell their services?

    Others state that I will get community service or probation?

    I just wish I had drank less and went home rather than be an ass.
  • 08-25-2008, 06:11 PM
    PJ Weber
    Re: Assault and Battery with Bodily Injury
    Quote:

    I also admitted the assault, but have no recollection, can this be withdrawn if I bring the anti-depressant - alcohol confusion into the picture.
    Do not use this as a defense. . . one of the warnings on psych
    meds is not to drink while taking meds, you knew this but did
    so anyway
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