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  1. #1
    Join Date
    Dec 2007
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    2

    Default Assault Causing Bodily Harm Assualt With A Weapon

    I was originaly charged with assault causing bodily harm and now later on I was also charged with assault with a weapon. I first plead guilty because I was afraid to defend myself, as I am native and have had alot of racial experiences. The victim is white. I later changed my plea to not gulilty. I am tired of being a coward and not standing up for myself. The victim suffered facial injury's. I thought she was going to hit me with her beer bottle. She was very intoxicated, befor I hit her in self-defense, she had accused me of sleeping with my brother whom is her boyfriend. When she raised her hand I thought she was going to hit me so I hit her once in the head, please note I have been a victim of domestic violence pretty much all of my life. I have never been charged with assault. I have alway's been a victim. I was in total shock after I had hit her but she ran right into the broken bottle and came at me we ended up on the floor, she had her teeth sunk into my wrist and simultainuously she had a strong hold on my hair. My brother who was passed out heard the commotion and awoke. He tried and eventually succeeded in prying her from biteing me and pulling my hair. I have children who are totally dependent on me. I have not been with there father for a few years because he is mentally sick and very violent. I am from canada. What may possibly happen in court. My trial date is right around the corner. I also have no confidence in my lawyer because he never gets back to me when I e-mail him and he also makes me feel like he has no faith in me whatsoever.I have not corrosponded with him enough to feel confident in him, and I have a million questions to ask him as I am not very familiar with the law. I do have a past record, but It is not that bad. I have also never been charged with or have ever assualted anyone in my life. I have always been a victim. I was also assualted by the victim in my past, never charged her. could you please respond. It would greatly be appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Assault Causing Bodily Harm Assualt With A Weapon

    Quote Quoting satin
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    I was originaly charged with assault causing bodily harm and now later on I was also charged with assault with a weapon.
    What state is this in, and what is the SPECIFIC charge? (Code section, please)

    When she raised her hand I thought she was going to hit me so I hit her once in the head,
    Raising a self defense justification can be tricky. What does your attorney say about that idea? Does he think you have a valid defense there?

    I was in total shock after I had hit her but she ran right into the broken bottle
    She "ran into" the broken bottle? I thought you hit her to prevent an assault (not necessarily a lawful reason for self defense, by the way) ... how did she run into the bottle? Did you slash her with a broken bottle when you perceived she was going to hit you??

    My brother who was passed out heard the commotion and awoke.
    Good lord! See, this is what happens when you drink heavily. As our DA once wrote for a reason to reject charges in a serious bar brawl ... "No charges. Drunks doing what drunks do."

    I have children who are totally dependent on me.
    Then consider AA or some form of alcohol counseling. I seriously doubt this kind of drama is an isolated incident.

    What may possibly happen in court. My trial date is right around the corner.
    Depending on the laws in your state an the specific charges, you could go to prison, or you could be found not guilty. Who knows?

    I also have no confidence in my lawyer because he never gets back to me when I e-mail him and he also makes me feel like he has no faith in me whatsoever.
    Then hire another attorney.

    Very often there is not a lot to do or say so you may be asking for daily updates on something where there is no info. High maintenance clients can be a distraction for an attorney. And, if he is a public defender, he has many clients just like you so he cannot just concentrate on your case and you.

    He may have little confidence in the case because the case may be very strong against you, or it could be that your actions fall outside the self defense standards in your state.


    - Carl

  3. #3
    Join Date
    Dec 2007
    Posts
    2

    Default Re: Assault Causing Bodily Harm Assualt With A Weapon

    Quote Quoting satin
    View Post
    could you respond to my message, I am not sure if I am doing this right!
    my paper work say's section 276 of the criminal code of canada. This took place in ontario. Also it states only causeing bodily harm. Later on I learned there was a second charge of assualt with a weapon. < I think was the original charge>

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Assault Causing Bodily Harm Assualt With A Weapon

    Oh ... uh ... sorry, the Canadian legal system while similar to ours in many ways has elements to it that are not even close - particularly with regard to punishment.

    Maybe someone else will hop on here that has some knowledge of Canadian law.

    - Carl

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