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Simple Affray
My question involves criminal law for the state of: North Carolina
I was arrested because a female and her family came to my house when my kids were there to fight me because she lied to her family about me trying to run her off the road the night before. I told her family that she was lying because my car has been broken down for two weeks. Her sister said the she was coming to tell me she was going to mess me up if I mess with her sister again. I told them to leave but they wouldn't and the next t hing you know it was a fight. In front of my kids. My family had came over and fighting still continued. We were arrested and charged with simple affray. They came to my house and I was still charged. Why? I have a good job and my housing is through a program. I can't afford to loose my job and my apartment because of something they started. I had also went to the magistrate office the night before because they had called me that night talking about how they were going to get me and since a holiday the magistrate wouldn't help me. How do I go about this and could I press charges on them for trespassing and starting a riot?
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Re: Simple Affray
From what you just told us, the other people involved in this fight were charged with crimes. If you don't like the prosecutor's charging decision, talk to the prosecutor about the charges.
You were charged because you chose to get into a fight with them (in public?) instead of, say, calling the police. And allow this to escalate over... how long? As more of your family members arrived to join the fracas.