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  1. #1
    Join Date
    Mar 2011
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    1

    Angry Felonious Assault, Larceny

    My question involves criminal law for the state of: Michigan

    Basically I was sitting at my house, and my friend and this kid were exchanging words over Facebook. The kid walks over my house with a baseball bat, threatening to beat both our heads in. He then enters my house 7 times provoking us to hit him/talking trash. I told him he needed to leave, or take it outside. My friend threw him out my door a total of 2 times, the kid then hit him in the leg with a baseball bat. My friend then took the bat and threw it towards the road. The kid picked up the bat and entered my house again. I threw him out once again after this happened, and closed my door, locking it. The kid starts banging on my door with the bat, so I unlock the door and start escorting him outside to my driveway telling him he needs to leave. He then swings the bat and my head. I duck down avoiding the blow, taking the baseball bat and phone that were in his hands, throwing them towards the road over a fence. The kid then starts running towards both objects, I felt threatened and thought he was going to pick up the bat, I tackle him in the road (near my house) and start slapping him with an open hand. No punches. I than began to kick him in the head 4 times, a person driving then stopped and took him to his house. I then collect the evidence and put it outside my house and call the cops. I showed him the evidence and was arrested on the spot for felonious assault. The kid was on his way to the hospital, with only scratches on his hands; slight bruising and swelling on his head and face. I was bailed out of county jail for $5,000.

    I am now facing a charge of felonious assault, and larceny for taking his phone even though I returned it to the cops at the time. I myself am 17, and the kid is 16. I do not understand why I am being charged with felonious assault, considering I didn't do great bodily harm nor use a weapon. He was then released from the hospital within that hour, posting on Facebook boasting and bragging about the situation how he put me in jail.

    I am also on probation for 6 months of retail fraud 3rd degree(in a different county), I have completed all my classes and 2 months left. I called my PO and she told me she was filing a probation violation and it was being sent in the mail. I am hiring a lawyer, and have pre-lim court on 4/5. This was self defense in my act considering a kid came over to my house with a weapon, successfully hitting my friend in the leg, then swung on me. I believe he should be charged with home invasion and assault with a deadly weapon.

    I don't want any jail or prison time, considering I did not provoke this situation whatsoever but that doesn't matter obviously. I'm guessing the charge will get knocked down since I didn't use a weapon for felonious assault. (5-10 years in prison)

    What am I facing here? Should I plead guilty for self defense and sign a plea agreement? This is my first felony offense. I could plea not guilty and if it gets taken to trial, and I lose, I could face max sentence. Any advice is helpful, I don't want to face any time. I am using my friend as an eye witness because he watched everything that happened, and was attacked too.

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