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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default Simple Assault Charges

    My question involves criminal law for the state of: Virginia

    Last friday, my next door neighbor and i got in a debate, it ended with her hitting me multiple times, i punched her in the arm, then she hit me in the face, forced me to the ground and hit me in the face multiple times while sitting on my chest(she weighs 300, me, 190), i couldn't get her off and i have athsma. I ended up striking her once in the face. Then i called the police and reported it. They wrote us both down as victim and both down as suspect and told us both to file charges w/ magistrate. 2hours later i was arrested for simple assault. I got out on bail and put charges out on her for the same.

    My questions are as follows:

    Can i request a trial by jury for these charges?
    Reason: I have had my run in 7years ago with the police and it didnt' end well, my charges weren't for drugs or assaults or anything violent(incase wondering).

    Tomorrow i go to first court case im assuming arraignment.

    Can i request the charges be dropped for lack of evidence?
    Reason: There were no witnesses, and no proof besides she has a picture of a bruise on her back. But i already showed the magistrate bite marks scratches and red marks on me from getting hit(no pictures were taken when i made this report).

    Is there any chance this could go badly for me assuming everything ive said is true and there is no evidence against me besides her word vs. mine?
    Reason: I'm obviously nervious

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Simple Assault Charges

    You can request anything you want, but you've given us no indication that your neighbor doesn't want to prosecute and you apparently made self-incriminating statements to the police - so what makes you think that there's a lack of evidence? All they need to get to trial is probable cause.

    If you want a jury trial, seriously, hire a lawyer. The cliché about how a person who represents himself has a fool for a client? It has a strong basis in reality.

    Are you scheduled for trial in the General District Court (GDC)? From what I can see you have no right to a jury in the GDC, but can appeal a conviction to the Circuit Court where you can request a jury trial.

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Simple Assault Charges

    I've already hired a lawyer, he wanted 500$ down, and 200$ a month until the full 1000 is paid off, 1500 total. She has a court apointed lawyer. They are in the process of talking to drop her charges if i drop my charges to get this behind us now.

    I was never seriously concidering representing myself, was only wondering through a lawyer if i could do those things. i'm on probation and scared i might be violated for something that was self defense.


  4. #4
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Simple Assault Charges

    Quote Quoting Pewpew
    Can i request a trial by jury for these charges?
    If any of the charges carry potential jail time, you ought to be entitled to a jury trial (though I have heard of some states to potential jail time of at least 6 months or a year; I'd like to understand the constitutional basis for such an exemption).

    Can i request the charges be dropped for lack of evidence?
    Reason: There were no witnesses
    Sure you can request it. But the prosecution does have evidence, even though you think the evidence against you is weak and the evidence for you is strong.

    Is there any chance this could go badly for me assuming everything ive said is true and there is no evidence against me besides her word vs. mine?
    Yes. The judge or jury could believe her and not believe you.

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