Battery Charge Over Petty Argument in Kansas

[sunny d]

I'm an 18 year old male form kansas. i was given a summons if you will to appear in court over the charge of battery. i had just got home from work, and my brother was being loud. i asked him to stop, he looked me in the eyes and said no. i put up with it, then he started fighting with another brother of mine. i asked him to stop, he said no again. so i stood up, and was gonna go over there to try and get them to stop, so he kicks me in my thigh. i tell him to move his foot off of me, he says no. so i slap it off. and he kicks me again, over and over. so i walk away to talk to our mother. she tells me how i was loud when she was on the phone, and the works. there's more to the story, but that's the important part. so, she calls the cops. two cops show up, one says he saw handprints on my brothers leg, don't lie to him, he's been doing it 22 years, yadda yadda yadda. the other says he saw nothing on my brother's leg, so there's no reason to arrest me. it's his word vs mine, so it'll have to be settled in court. he was the officer doing the paperwork, so i got lucky. i have to go to court and they have to come up with some proof. mother saw nothing, she was in the bathroom. it's his word vs mine. i have been informed my numerous people that for simply touching him that i will be counted guilty. is that so? anything i can do to help get things in my favor? he's a mentally disturbed 10 year old, who's on medication for anger and to level his attitude. and i'm a perfectly sane 18 year old. i also don't live at home, my mom was picking up my brothers from where i live, so it's not domestice battery. sorry for the long post, just figured i'd get it all out there...thanks in advance

[Mr. Knowitall]

You shouldn't be slapping a ten-year-old, even if he's your brother and is being annoying.

The "rest of the story" is important, as it's the part that explains why your mother called the police, so I suggest you consult a criminal defense lawyer and share all the gory details.

[sunny d]

the "more to the story" part is us arguing, me going to my bedroom, her following, and me walking away...the cop nabbed me on the side of the road. It wasn't like i was attempting to hurt him, i simply wanted his leg off of me, and he knows it. he's admitted it, and he has told my mother that. he's confirmed that he was hitting me, and everything. i'm not a child abuser, it's wrong and i know it. doesn't justify me "laying a hand on him" but it's not the way that you made it out to be. i just wanted a simple bit of advice, the reason i came here was for that, i don't have the time/money to go to a lawyer. or i wouldn't be here to begin with...and what's the point in having a forum when people tell you to get advice elsewhere? doesn't that defeat the purpose? regardless...if anyone has any input on the situation at hand, feel free to.

[tc498]

A good lesson to be learned here,unless it something serious like a family member running at you w. a knife or you fear for your life.The cops aren't the ppl to call.There just gonna see a crime and arrest someone. If the one cops feel there no concerte edvinece then way issue you a summons? Maybe a lawyer can convice the da it's was a minor family issue and it would make sense to dismiss the case.

[sunny d]

yeah, i had a feeling that i was going to be arrested on the spot, and everything discussed later. most of the family members present at the time felt it was an over reaction, and i agree. the cop told me that i had to go to court and my mother had to come up with some evidence that i caused harm upon my brother. if she comes up with nothing, it gets dropped. i'm not sure what she can come up with, it's his word vs mine, and no witnesses. so when i think about it, odds are i'll be fine. just some of the things that people said to me worried me, and i did admit to slapping his hand off my leg, but it wasn't forceful, just enough force to get him off me. i'm going to discuss things with my mother before the court date, but for now my younger brother apologized, and wants our mother to drop charges. if i can scrape together some money, i might try getting a lawyer to dismiss the case, but only time will tell.

[sunny d]

well...now i have another question on the situation. my mother and i talked, and she wants to drop the charges against me. we called up the police station to drop it, and they told her to show up with me when i plea guilty, or not guilty. well, she has to work, and can't make it. and i was informed that if the state decides to step in, that we can't back out of it, it's a done deal. is this so? and even if they step in, and when the court date comes up, my mother decides that she doesn't want to charge me, is the state actually going to prosecute me regardless? as of right now it's on the city level. not county, or state. at one point she wanted me to take a letter in that she signed, and bring it to the prosecutor, but i diddn't really think that was going to work, so she decided to scratch that idea...well, any insight on this would also be greatly appreciated.

[tc498]

You can really only wait and see,in the end it's the da descsion to press charges. Defintely speak to a lawyer,some offer a free consualtation. Your best chance for a dismil is gonna be with a lawyer.If you can't afford one,see if it's possabile to get a legal aid.