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  1. #1
    Join Date
    Mar 2006
    Location
    Alabama
    Posts
    2

    Default Misdemeanor Assault Charges

    Two months ago my my friend Will and I were returning home on a Friday night around 10:00 p.m. As we were driving home, Will received a call on his cell phone from an ex-buddy of his, whom I will refer to as Dennis.

    Will and Dennis had a huge falling out about two years ago over Will's wife and Dennis having an affair. Basically, Dennis uses Crystal Methamphetamines on a weekly basis and Will's wife began doing the drug with Dennis and a sexual relationship began betweeen the two. "Relationship" is probably not an accurate description--let's say they would get high and "party" together while Will was working out of town. Will divorced his wife and Dennis and she are still friends. She has harrassed Will over the past two years--calling him and playing recorded sappy love songs over the phone, texting him various little messages, etc. Will has also received several phone calls from Dennis--he never expresses regret or tries to mend their friendship, he just acts as though nothing has transpired. He will try and engage in small talk, etc. Will has told Dennis repeatedly, "I don't like you, I want nothing to do with you, you and I are not friends and never will be again, stay away from me." Will's hatred for Dennis is well-known by all their mutual friends.

    On the night in question, I answered the cell phone when Will announced that it was Dennis calling. I was very polite, but short. I explained to him that Will was not available. Dennis repeatedly asked me, "Where's Will"? I never answered him, I just repeated twice that he wasn't available. As we round the corner and pull up to the house, we notice a red car in the driveway.

    We get out of our vehicle, walk onto the porch, and find Dennis standing on the porch near the front door, and an unidentified female exiting the house. They walk to their car as Will shouts at them demanding to know why they are in his home. They both smirk in a taunting way. Will loses it completely.

    He jumps onto the windshield of this girl's car bashing it in twice with his feet. She stays in the car---Dennis gets out. Will throws four punches. Dennis is unconscious in the driveway. I am watching all of this from the porch. Will calls for an ambulance. He picks up Dennis and sits him in a chair on the porch.

    The ambulance arrives as do the police. The police do not charge Will. The EMTs say that Dennis is being uncooperative and make him walk to the ambulance. Everyone leaves.

    A week and a half later, Will is arrested for misdemeanor assault. The Magistrate says the only reason it wasn't a felony is because Dennis was on Will's property. Will turns around ans charges Dennis with trespassing and the girl with unlawful entry.

    I am so incredibly worried that Will is going to lose everything he owns--freedom included---over this. If Dennis persues a civil trial, I fear Will is doomed. What can we do? I understand that Will's actions were not technically self-defense, but isn't there some way he can show that this person was told repeatedly to leave him alone and was outwardly provoking him? This person was on his property with a co-hort that was actually IN his home--won't this help Will's case?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    If Will has a clean record it would be unusual in most jurisdictions for him to get jail time for a first offense misdemeanor assault charge. Still, Will should consider hiring a criminal defense lawyer, particularly if you think the judge may try to "make an example of him" or if civil litigation may follow.

  3. #3
    Join Date
    Mar 2006
    Location
    Alabama
    Posts
    2

    Default

    The only thing on his record is a felony assault charge when he was 17 years old...he is now 35. I am just so afraid that Dennis will seek a civil suit--Will is $10K away from paying off his house completely, and that means Dennis can take it from him, doesn't it?

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