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  1. #1
    Join Date
    Sep 2004
    Posts
    758

    Default Charged with: Assault Causing Bodily Harm

    Hello.

    I am a 29 yr old Canadian, with no Criminal Record. Recently I was charged with "Assault Causing Bodily Harm". Here are the details.

    I was driving in the "bad" area of town, when a girl approached my car. She was sitting on a bench on a side street near a main route. She asked if she could "warm up' in my car. She offered me "sexual favors" for a price she suggested. After thinking about it for a brief period of time, I accepted a "favor". Money was exchanged prior to the act, and upon completion, I dropped her off at the address she requested. We left on good terms.

    After a couple of hours of visiting a friend nearby, I drove back down the same main road, and noticed the same woman waving at my car. Mistakingly, I pulled onto the side street, and asked what was up, since he had left on good terms. She asked to warm up in my car again. I refused, saying that I was on my way home, and apologized. She reacted by punching my car twice, and breaking my passenger door handle.

    Caught completetly off-guard, I did a U-turn, and asked from across the road why she had hit my car for? She stormed over to my vehicle, and said that she wanted more money, claiming I had "mistakenly" given her less money than was agreed upon. I assured her that I did not, and I did not have any cash on me. She proceeded to say that if I did not give her $20 right away, she would "track my plate #, and would get "people to f**k me up. I began to panic, and said I was sorry but I did not have any money on me.

    She got closer to the drivers side, a foot away from my face, and yelled that she wanted money. She also advised me "not to drive, or I would regret it". I panicked. I perceived these two comments as immediate threats, and was afraid that she might have a weapon (knife, etc) on her person. I ended up using force, and making contact with her face. She retreated, grabbing her face, and hovering on the ground. In fear, I drove off, but was apprehended by the vice squad one minute later, who arrested me, and charged me with the offense.

    I know what I did was morally wrong, and not very smart (getting involved in the sex-trade), but what kind of defense would this make? I regret using any kind of force (in the process, I gave her a bloody nose), but I was not calm, and in some amount of fear. I would have just gave her the $20 to avoid trouble, but unfortunately i only had some loose change. Now I have to go to court, and fight this charge. Do I have a chance of winning the case on the grounds of self-defense, or reducing it to a lesser charge? Please help me!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Punched a Prostitute

    You are charged only with the assault and battery?

    You can try to claim self-defense, but you have to ask yourself if a jury is likely to believe that you were in fear of the woman - and if so, why you didn't just leave instead of doing the U-turn and confronting her.

    Given that she is a prostitute, it is possible that she won't show up for any court hearings; if that is the case, it might necessitate dismissal. You may wish to consult a local criminal defense lawyer.

  3. #3
    Join Date
    Sep 2004
    Posts
    758

    Default

    What do think the odds are of a street worker (prostitute), who admittingly was looking for money to buy crack cocaine, showing up for court, only to be cross-examined about her criminal record for drugs, theft, assault, and prostitution-related offenses?

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Re: Punched a Prostitute

    Quote Quoting aaron
    You are charged only with the assault and battery?

    You can try to claim self-defense, but you have to ask yourself if a jury is likely to believe that you were in fear of the woman - and if so, why you didn't just leave instead of doing the U-turn and confronting her.
    .
    Im not sure if "assault and battery" is the same as "assault causing bodily harm". The Canadian and US judicial systems are different.

    If it matters, I had made the U-turn, but had stopped further away from the woman. I guess our pleasant exchage of "services" a couple of hours earlier fooled me. It caught me a bit off guard, and I should have left the scene. My mistake.

  5. #5
    Join Date
    Sep 2004
    Posts
    758

    Default Aaron, Help Me!

    You are a wise man. Tell me what and what not to do...

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Battery Charge in Canada

    I think you should consult a local criminal defense lawyer. It will help you to be represented, even given the chance the woman won't show up for court.

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