Results 1 to 10 of 10
  1. #1
    Join Date
    Jul 2009
    Posts
    8

    Default Assault Charge Filed By a Stalker

    First let me say it is my fault I fell for the trap . I have a young lady in my building I befriended and yes I am married when the friendship started to become more that what I wanted I tried to end it with threats of telling my wife Lies which of course I did not want . The lady would ring my door bell and run down the stairs I informed Police and my building cops only to be told there's was nothing they could do since she wasn't there when they got there. The lady would wait out side for me in the mourning when i would go to work and began stalking my wife after see told her " my wife we had and were having a affair . She also spat in my face and hit me which i reported to my complex cops .I tried getting a restraining order but they told me no go to mediation . which we did and i beg for her to leave me alone . a week later she started ringing my bell again . One day at 6:00 am she did this i had enough i got dressed went down to here door bang told her to stay away she lunged at me i knocked her hand a way and then she chased me down the hall . I filed a report but the police went to her first. I was not arrested but told to stay away which i have been trying to do . I have recordings and reports with this lady stalking me . but was arrested 20 days later for 3rd degree assault . To be honest I am scared cause i know a man will almost always lose when it come s to this type of situation , like i said i have no record and the arresting detective told me i am a good guy she is just crazy and is not going to be happy till she has or ruins me . with the reports and tapes and by the way she calls the police on me every day trying to build up her case what should i do and do i need to make plans for jail time ? I just want to be prepared for the worse the officer that took the complaint said she had a red mark on her arm and being dramatic but that was she does thanks for the help and I know my fault all around .
    for the next week she had a ace bandage on her arm looking for sympathy from people in the building . so my question is what exactly is 3rd degree assault and what is the penalty ?

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

    Default Re: 3rd Degree Assault is It Really

    As you were told when you posted, laws are different in each state.

    You hit her? That would be a battery.

    Get a lawyer.

  3. #3
    Join Date
    Jul 2009
    Posts
    8

    Default Re: Assault Charge Filed By a Stalker

    although see lunged at me to grab me and i knocked her hand away ?
    of course had I not gone down there i wouldn't be in this situation but had I let her grab me I think it would be worse

    also I have been told I can still get a order of protection is this true ?

    and the detective who arrested me and by the way didn't read me my rights said it was for 3rd degree assault

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: 3rd Degree Assault is It Really

    Quote Quoting Mr. Knowitall
    View Post
    As you were told when you posted, laws are different in each state.
    Where are you?

  5. #5
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Assault Charge Filed By a Stalker

    1 A LEO does not have to read you your rights unless he is going to interview you, and plans to use that information against you. The failure to read you your rights is not a "get out of jail free" card.

    2 In order to claim self defense in most states, you must be an innocent combatant, that is you cannot have been an aggressor, nor attempted to provoke the combat that ensues. Banging on a person's front door at 6 a.m. and telling them to stay away from you certainly makes you look like the aggressor. At that point, her use of force against YOU is self defense, and you grabbing her can oiipen you up to all sorts of nasty chargfes, including home invasion, and felonious assault.

    If I were you, I would stay away from her, and I would lawyer up. Also, in the words of Ron White:

    "I will tell you the secret to never being caught cheating: Only sleep with your wife."

  6. #6
    Join Date
    Jul 2009
    Posts
    8

    Default Re: Assault Charge Filed By a Stalker

    It strange that you would assume i sleep with her and i didn't grab her she went to grab me and I used a swim stroke from the inside out to knock her had away .

    and I do stay away from her when she see's me on the camera she pops up where I am at going to people telling them lies and I just leave .

    I am in New York also I ask would I still be able to get my order of protection as the detective said she is not going to stop until she has me .

    isn't it not more insulting to a women to have a man decline advances than it is for him to accept ?

  7. #7
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Assault Charge Filed By a Stalker

    You are not understanding- your claims of self defense went out the window as soon as you became the aggressor- which is exactly what you did when you went to her house at 6 in the morning and began pounding on her door.

  8. #8
    Join Date
    Jul 2009
    Posts
    8

    Default Re: Assault Charge Filed By a Stalker

    I do understand not saying it was self defense simply stating my intent wasn't
    to go down and smack her on her arm .

    got a lawyer mounds of statements from people who have witness her waiting for me in the morning and running up on me from behind as well as recordings and notes left by my door also got a lawyer now so we will see where this goes

    thanks for your help

  9. #9
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Assault Charge Filed By a Stalker

    I do understand not saying it was self defense simply stating my intent wasn't to go down and smack her on her arm .
    What you are claiming when you say that the only reason you knocked her hand away was that she was grabbing you, is that the force you used was necessary to defend yourself. That is where I get self defense from. However, self defense cannot be used if you legitimately placed her in fear of you. In this case, she would be the one legitimately using force.

    I am not getting what you are saying, but if I am reading you correctly, her following you in the past does not justify you in going to her home and striking her.

  10. #10
    Join Date
    Jul 2009
    Posts
    8

    Default Re: Assault Charge Filed By a Stalker

    if she reaches and I put my hand blocking the reach to grab out is that striking ? it is all in the interpretation is it not ?
    and her following me in the past striking me and spiting on me goes for my mind when she quickly reach / moved towards me although i went down to try and speak to her in regards to stop
    it also goes to show through the paper trail the attempts i went through to keep the situation from escalating
    I know it does not have to do with the incident but is relative

    * it is funny how I made every attempt afforded by the legal system following every guide line with no result or help to the point of helplessness documents phone calls officer stated she is crazy stalking but since it wasn't a drug bust or guns or knock em down they let it ride to it gets to a head and now it time for action Law should be preventative not so much reactive , Had I done what one office suggested which was to lie and make my case she would have been the one arrested but why should I lie when the facts in the case prior spoke for them selfs
    *Innocent until proven guilty if I listen to your reply I would say that's not the guess although I appreciate your response I would say guilty until proven innocent *


    anyways one quick question I have a lawyer on retainer have not paid the balance as there is no case other than the arrest no one has been interviewed
    my case is on the sept 29 she is to be interviewed on the 22 if she does not show or is not interviewed on the 22 will the case be dropped ?

    or can she request for it to be dropped ?

    and if it is dismissed and the lawyer doesn't have to appear am i obligated the balance for services rendered

    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: False Assault Charges Filed Against Me
    By debinny in forum Criminal Charges
    Replies: 1
    Last Post: 01-13-2011, 11:07 AM
  3. Assault & Battery: Why Haven't Assault Charges Been Filed
    By clearity in forum Criminal Charges
    Replies: 17
    Last Post: 09-30-2010, 08:53 PM
  4. Police Conduct: No Assault Report Filed After Carjacking and Assault
    By phred in forum Police Investigations
    Replies: 3
    Last Post: 01-09-2010, 06:33 PM
  5. Assault & Battery: Assault Charges Filed but Not Prosecuted
    By Davey's Mom in forum Criminal Charges
    Replies: 1
    Last Post: 09-16-2007, 08:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources