verbal assault on peace officer in own home

[MichaelJ]

I was asleep on my couch when I heard someone yelling at me outside my door at 3a.m. telling me to drop the weapon in my hand, which was a remote control for my stereo. I don't know why my door was 2inches open. Anyways I heard someone yelling and I woke up and said,o.k. now this is what the police said I said, should I hurt you or should I just kill you. I do not remember saying that. But I am being charged with a felony. Terrostic threats to a peace officer. Isn't there something about not being responsible for so many seconds after you wake up. I was in my own house they came over because the neighbor called of loud music, when the police arrived the music was off and I was asleep on the couch. So they say.

[calatty]

At least in CA, to be guilty of making a terrorist threat, you have to have the specific intent that your threat be taken as a threat. It sounds like you have a good argument that you did not have that intent because you were suddenly and unexpectedly aroused from your sleep. You will have to decide whether you want to take that defense before the jury, or take any deal that might be offered.

[MichaelJ]

Calatty, I'm from Minnesota and so far the plea agreement is plead guilty to terroristic threats to a peace officer, they would drop the felony to a gross misdemeaner, I would get a year in county with all suspended but 60 days, 2 yrs. probation, take a rule 25 assessment which is alcohol,$500.00 fine plus all the other surcharges. I beleive I was assaulted though they had no reason to draw their weapons on me throw me down ,knees in my back and head,fingers bent back as though they felt like they were about to snap, handcuffed tight enough to leave scars. All because the neighbor said my music was up to high. According to the police they said my door was wide opened, What I recall I heard someone talking downstairs, my door was opened up about 2 inches, I walked to the door and listenedfor a brief time then all of a sudden 3 cops rushed in and assaulted me. The music was't on and I was't being abusive actually I didn't say anything to anyone. Their statement was I was on the couch with a weapon in my hand which was a remote the 5th time they yelled at me I said, "should I hurt you or should I just kill you." I may be smart but this sounds like something out of a dime novel from detective archives or something. Thanks for your response Calatty, my lawyer wants me to go for the deal, I just don't feel as though I can let them do that to me. Wheels

[calatty]

The police undoubtedly have a different version of how things went down. In deciding whether to take the plea, you have to consider who the jury is going to believe - you or the officers. And after trial, it will be a felony, not a misdemeanor.