Charged with assault 4

[kingglaucus]

What is the name of your state (only U.S. law)? Oregon.

I was walking on the sidewalk. I notice a truck that was going way over the posted speed limit so I flip him off as his truck roars by. He slams his breaks and jumps out of his truck. (parked in the traffic lane)
Runs straight up to me while shouting explicits and shoves me extremely hard. I respond with "don't f-n speed". This guy is extremely worked up over me flipping him off. He lunges at me again and that's when I punched him with a closed fist to the head. After I hit the guy I instantly turn around and walk away in a attempt to get away from this man. The ambulance was called and the guy did have some minor injuries not sure exactly what they are.
I was picked up and charged with assault 4 and site released with a court date which is in two days.
I tried to leave this as detailed as possible without making it super long. THanks! ^_^
My question is was I in the wrong? What will likely happen if I am convicted with no previous criminal record.

 

[FlyingRon]

It sounds like you are guilty as sin. You have two people exercising free speech, and then you decided to escalate by assaulting the other party.

I'd keep your mouth shut and get an attorney. You need a damned good one at this point.

 

[kingglaucus]

It sounds like you are guilty as sin. You have two people exercising free speech, and then you decided to escalate by assaulting the other party.

I'd keep your mouth shut and get an attorney. You need a damned good one at this point.

Last time I checked shoving somebody with or without intent to harm is assault. Maybe I didn't write it very clear or you didn't read it very closely? The guy put his hands on me twice before I resorted to using force to what I thought was defending myself.

 

[Proserpina]

Last time I checked shoving somebody with or without intent to harm is assault. Maybe I didn't write it very clear or you didn't read it very closely? The guy put his hands on me twice before I resorted to using force to what I thought was defending myself.

He wasn't arrested.

You were.

Who called the police, and when?

 

[FlyingRon]

You missed the fundamental truth that your mama should have taught you early on...two wrongs don't make a right. Retaliation is distinct from self defense. Even if it were self defense it changes nothing in my adivce: YOU NEED A LAWYER.

 

[kingglaucus]

He wasn't arrested.

You were.

Who called the police, and when?

The police/ambulance got called shortly after I left I would imagine. I got picked up about 4 blocks away.
I was site released and given a court date. I told cops exactly what I wrote here. I'm assuming I was charged with assault because I sustained no injuries so by default it sounds like I was the aggressor. I feared for my safety after the second time he lunged towards me so I took action and reacted the only way I knew how.

Just to be a little more clear I didn't punch him for revenge. The second time he lunged towards me I hit him as soon as he made contact with my body. I didn't get pushed and walk back up to him and punch him. I re-actively punched him right when he put his hands on my the second time.

 

[FlyingRon]

Just to be a little more clear I didn't punch him for revenge. The second time he lunged towards me I hit him as soon as he made contact with my body. I didn't get pushed and walk back up to him and punch him. I re-actively punched him right when he put his hands on my the second time.

Mutual brawling is assault. Retalliation is not self defense.

 

[kingglaucus]

Mutual brawling is assault. Retalliation is not self defense.

If the judge sees this as Mutual combat what would a likely outcome be?

 

[Proserpina]

The police/ambulance got called shortly after I left I would imagine. I got picked up about 4 blocks away.
I was site released and given a court date. I told cops exactly what I wrote here. I'm assuming I was charged with assault because I sustained no injuries so by default it sounds like I was the aggressor. I feared for my safety after the second time he lunged towards me so I took action and reacted the only way I knew how.

Just to be a little more clear I didn't punch him for revenge. The second time he lunged towards me I hit him as soon as he made contact with my body. I didn't get pushed and walk back up to him and punch him. I re-actively punched him right when he put his hands on my the second time.

Yet you didn't call the police yourself. Why?

 

[kingglaucus]

Yet you didn't call the police yourself. Why?

I've never been in a situation like this. I have never had a altercation. I have never been in trouble. I don't know what I was supposed to do. The only thing I learned is how to defend myself. Nobody told me how to deal with a situation like this. I didn't want to punch someone but I felt I had no choice. The guy was extremely aggressive and unpredictable with the way he was waving his arms and cursing and lunging at me. I backed up several times. I was taught to never turn my back on someone who is threatening you. I had a very heavy backpack on so running wasn't exactly an option. I attempted to back up several times after he ran up to me initially. He persisted. I even looked around me in a attempt to locate someone near by for some help on diffusing the situation. Maybe I acted a little impulsively and could have reacted differently. In my head this man was capable of anything and I felt very backed into a corner. After I hit the guy he started to get back up which was my one chance to get away. I had no phone. I didn't want to stick around. WHat if this dude got back into his truck and got a gun while I was near by using a phone to call 911? No I am going to get away as far as possible. I did intend on calling the cops as soon as I got to my friends house because I did memorize his plates once he slammed on his breaks I instinctively looked at them. I made a statement to the cops because they said we will charge me with worse than assault 4 if you don't tell us what happened.

Edit: He came after me in a focused and malicious way. If I didn't act in that moment I may have been injured I had no choice. I acted until the threat was ended. I just hope the jury sees it the same way.

 

[quincy]

I've never been in a situation like this. I have never had a altercation. I have never been in trouble. I don't know what I was supposed to do. The only thing I learned is how to defend myself. Nobody told me how to deal with a situation like this. I didn't want to punch someone but I felt I had no choice. The guy was extremely aggressive and unpredictable with the way he was waving his arms and cursing and lunging at me. I backed up several times. I was taught to never turn my back on someone who is threatening you. I had a very heavy backpack on so running wasn't exactly an option. I attempted to back up several times after he ran up to me initially. He persisted. I even looked around me in a attempt to locate someone near by for some help on diffusing the situation. Maybe I acted a little impulsively and could have reacted differently. In my head this man was capable of anything and I felt very backed into a corner. After I hit the guy he started to get back up which was my one chance to get away. I had no phone. I didn't want to stick around. WHat if this dude got back into his truck and got a gun while I was near by using a phone to call 911? No I am going to get away as far as possible. I did intend on calling the cops as soon as I got to my friends house because I did memorize his plates once he slammed on his breaks I instinctively looked at them. I made a statement to the cops because they said we will charge me with worse than assault 4 if you don't tell us what happened.

Edit: He came after me in a focused and malicious way. If I didn't act in that moment I may have been injured I had no choice. I acted until the threat was ended. I just hope the jury sees it the same way.

Because you have been charged with a misdemeanor crime that can result in jail time, significant fines and a criminal record, you need the assistance of a criminal defense attorney.

The attorney you hire can perhaps work with "your side of the story" to present a reasonable defense, and then work with the prosecutor to get the charge against you reduced or dismissed. From what you have written, however, it appears that the police were ready to charge you with an even more serious offense so a dismissal might be unlikely.

Here is a link to Oregon's ORS 163.160, Assault in the fourth degree: http://www.oregonlaws.org/ors/163.160

Again, you need to see an attorney in your area for help with the charge. Good luck.

 

[Silverplum]

I've never been in a situation like this. I have never had a altercation. I have never been in trouble. I don't know what I was supposed to do. The only thing I learned is how to defend myself. Nobody told me how to deal with a situation like this. I didn't want to punch someone but I felt I had no choice. The guy was extremely aggressive and unpredictable with the way he was waving his arms and cursing and lunging at me. I backed up several times. I was taught to never turn my back on someone who is threatening you. I had a very heavy backpack on so running wasn't exactly an option. I attempted to back up several times after he ran up to me initially. He persisted. I even looked around me in a attempt to locate someone near by for some help on diffusing the situation. Maybe I acted a little impulsively and could have reacted differently. In my head this man was capable of anything and I felt very backed into a corner. After I hit the guy he started to get back up which was my one chance to get away. I had no phone. I didn't want to stick around. WHat if this dude got back into his truck and got a gun while I was near by using a phone to call 911? No I am going to get away as far as possible. I did intend on calling the cops as soon as I got to my friends house because I did memorize his plates once he slammed on his breaks I instinctively looked at them. I made a statement to the cops because they said we will charge me with worse than assault 4 if you don't tell us what happened.

Edit: He came after me in a focused and malicious way. If I didn't act in that moment I may have been injured I had no choice. I acted until the threat was ended. I just hope the jury sees it the same way.

Well, you started the whole mess by flipping him off. You aren't the speed police, and now you know why.

 

[Eekamouse]

Your justification for hitting him don't seem truthful to me. I think you flipped him off, he got angry because, as you have been told, you ARE NOT the speed police, got out of his vehicle and you two started arguing until you hit him.

 

[kingglaucus]

Your justification for hitting him don't seem truthful to me. I think you flipped him off, he got angry because, as you have been told, you ARE NOT the speed police, got out of his vehicle and you two started arguing until you hit him.

Why would I post anonymously and lie about the situation? Regardless if what I said is true is it justified. Flipping someone off is freedom of speech.

 

[Proserpina]

Why would I post anonymously and lie about the situation? Regardless if what I said is true is it justified. Flipping someone off is freedom of speech.

Hitting someone is not.