Results 1 to 7 of 7
  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Default Charged with Third Degree Aggravated Assault

    My question involves criminal law for the state of: NJ

    Hello,
    I would appreciate any advice on the incident and what may happen to me, this is to strange to belive but true.
    I was driving with my wife today a guy on a bycycle darted out in front of our car. I beeped just to avoid an acciednt nothing more. The guy immedately gave me the finger. he than looked at me at started yelling come on Jew Boy Come on Jew Boy, Nice Car Jew boy, he than yelled come on you and your ugly girlfriend to my wife. Furious i let my wife out of our car, I then threw a water bottle at his bike. hHe then stopped and staring scream yeah come on, well he got his, we fought and I punched him in the head with his helmet on and kneeed him. He had his hands on my throat but he really got it. The police came and he went to a hospital and I got arrested.
    Ihave no criminal record whatsoever and want to know if the fact that he used fighting words that inciteed a fight and he so happened to lose that fight, mean to my potential troubles. I had no inkling to fight anyone and was shocked to be called JEW boy five times have my wife insaulted all because i honked for half a second to avoid an accident. yes he got beaten uyp but he was not innocent and said what would be understandle to recive a villent response. I have a newborn and hope I am not in too much trouble . He had two swollen eyes and a bloody nose but I dont think anything else. Anyones thoughts and opiions are very much apprciated, i just cant belive going to look at a new home for my family and newborn could turn into such a nightmare. Thanks

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Charged with Third Degree Aggrivated Assult But

    Did he deserve to get attacked-yes (you should of drove away,he did provoke you. Was it legal-no

    You need to hire a lawyer b.c thats a serious charge and is probably a felony. Did you tell the cops anything.If you were fearful for your life or if he went at you,using resonable force to stop him would be legal.I'm not a lawyer,you need one.

  3. #3

    Default Re: Charged with Third Degree Aggrivated Assult But

    The moment you stopped the car and got out, you escalated the incident from "insulting words" on his part, to inciting physcial action on YOUR part. Insulting of one's spouse, no matter WHAT words were used, isn't a defense to you starting a physical altercation. If you had no inkling to fight anyone, you'd have driven on - and should have. Undertandible to receive a response, and LEGAL to receive such a response are very different things. He spoke insulting but not THREATENING words, and you committed battery. You need an attorney.

  4. #4
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Charged with Third Degree Aggrivated Assult But

    Just to respond,
    I am not saying you are wrong that I need an attorney, but he did more than insult my wife. He yelled racial slurs repeatdely at me which i belive are understood to be terms that are called "fighting words". By using racial epitatahs I belife it to be legally resonable that I responded with force,as it is cause for me to feel in danger and intenitally inciting of a fight.

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Charged with Third Degree Aggrivated Assult But

    If you were able to just drive way,then legal there prob was no resaon to fight.How the da will see the incident might be different,so you need a lawyer to work something out. If he just said some strong words and you bashed him w. a helmet.It's gonna look bad when his face is all messed up and you look fine,it's gonna seem like unreasonable force.If he grabed your neck and you hit w. the helmet then it can be self defense.

    Basically he was provking you but it seems like you had the choice of just driving away.

  6. #6

    Default Re: Charged with Third Degree Aggravated Assault

    Self defense means you use similar force. Bashing someone is not "similar" force. You need an attorney if the other party was injured.

  7. #7
    Join Date
    Oct 2009
    Posts
    7

    Default Re: Charged with Third Degree Aggravated Assault

    Howdy Uber!

    First, two words for you: Oy Veyh! Next, you MUST get an attorney pronto - one familiar w. your local courts, judges, and DA. ** This is a one-year in jail (or worse) type of felony!**

    Now, YOUR DEFENSE - note how correct Aardvarc's words are (supported by TC498 & ForgetAboutIt): *your* first act of battery was throwing the water bottle. This must actually become your **DEFENSE** - ha, ha. (1) Though you were truly angry, you ~clearly~ did it ONLY because you felt that your WIFE was threatened. By throwing the water bottle, you meant to scare the guy off: declare you would stand up for yourself, but ONLY so as to scare him off - to protect the wife. (2) Unfortunately, this only escalated the situation. Then, when he approached you he quickly grabbed your throat at which time you punched him. Probably out of desperation, he held onto your throat, which only forced you to punch him repeatedly, thence his injuries. (3) Ah, but you could have driven away, no? Well, since you had no warning this incident would occur you had no time to pre-plan something like, 'I'll give him the finger back; then, just drive off." Without the ability to pre-plan, everything happened so fast that the only thing you could think was to protect your wife by showing willingness to stand your ground, with the result that it, unfortunately, backfired into escalation.

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Simple Assault Charge with Prior 3rd Degree Aggravated Assault Felony
    By Annie14 in forum Criminal Charges
    Replies: 1
    Last Post: 04-06-2011, 06:46 PM
  2. Assault & Battery: Husband Charged with Aggravated Assault with a Deadly Weapon
    By anonmom in forum Criminal Charges
    Replies: 3
    Last Post: 03-16-2011, 06:52 PM
  3. Sex Offenses: Charged with Aggravated Sexual Assault and Intentional Touching
    By jrhode in forum Criminal Charges
    Replies: 3
    Last Post: 05-23-2010, 02:19 PM
  4. Assault & Battery: Charged with Class A Misdemeanor Aggravated Assault
    By RyanEricW in forum Criminal Charges
    Replies: 7
    Last Post: 04-10-2009, 09:42 AM
  5. Assault & Battery: My Husband Was Charged With Aggravated Assault And I Am The Victim
    By hjones in forum Criminal Charges
    Replies: 3
    Last Post: 12-05-2007, 07:52 PM
 
 
Sponsored Links

Legal Help, Information and Resources