Assault 3rd

[Charmz]

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

I'm 17 years old and was charged with Assault 3rd on my sister. I kicked her and broke her hand, by accident, while she was beating me up. SHE hit me first many times. If you ask me it was completely in self defense. This is my first charge ever and because I had no place to stay anymore because I was living with my sister and she got an order of protection, I had to stay in jail for 6 days, until finally my aunt came and took custody of me. Now I have to return to court on July 2nd and am worried I might get more jail time. What most likely will happen? Another concern I have is that they ordered that I go to school and drug treatment. I am currently going to drug treatment but am not going to school. I am working on getting my GED instead. Is that okay to the courts or are they very anal about things like that? Do I actually HAVE to go to school? I don't want to go to school because if I do I wont graduate until I'm 20 so I just want to get my GED and get my life started and on track.

 

[Eekamouse]

What happened that she was beating you up?

 

[Charmz]

What happened that she was beating you up?

I don't really see why this matters... but it was because I had a friend over and she said I couldn't. She flipped and just started hitting me.

 

[dave33]

You need an attorney, ask the judge.

With the facys you have given, nobody could even take a reasonable guess as to what might happen.

 

[You Are Guilty]

NY State or City?

Are you being charged in Family Court (under a juvenile PINS petition) or in Criminal Court (as an adult)?

Have you been assigned a public defender yet?

 

[Silverplum]

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

I'm 17 years old and was charged with Assault 3rd on my sister. I kicked her and broke her hand, by accident, while she was beating me up. SHE hit me first many times. If you ask me it was completely in self defense. This is my first charge ever and because I had no place to stay anymore because I was living with my sister and she got an order of protection, I had to stay in jail for 6 days, until finally my aunt came and took custody of me. Now I have to return to court on July 2nd and am worried I might get more jail time. What most likely will happen? Another concern I have is that they ordered that I go to school and drug treatment. I am currently going to drug treatment but am not going to school. I am working on getting my GED instead. Is that okay to the courts or are they very anal about things like that? Do I actually HAVE to go to school? I don't want to go to school because if I do I wont graduate until I'm 20 so I just want to get my GED and get my life started and on track.

http://ypdcrime.com/penal.law/article120.htm#p120.00
"S 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes
such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. With criminal negligence, he causes physical injury to another
person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor."


http://law.onecle.com/new-york/penal/PEN070.15_70.15.html
"§ 70.15 Sentences of imprisonment for misdemeanors and violation.
1. Class A misdemeanor. A sentence of imprisonment for a class A
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall not exceed one
year; provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of no
less than one year when the conviction was the result of a plea of
guilty entered in satisfaction of an indictment or any count thereof
charging the defendant with the class D violent felony offense of
criminal possession of a weapon in the third degree as defined in
subdivision four of section 265.02, except that the court may impose any
other sentence authorized by law upon a person who has not been
previously convicted in the five years immediately preceding the
commission of the offense for a felony or a class A misdemeanor defined
in this chapter, if the court having regard to the nature and
circumstances of the crime and to the history and character of the
defendant, finds on the record that such sentence would be unduly harsh
and that the alternative sentence would be consistent with public safety
and does not deprecate the seriousness of the crime."

 

[Just Blue]

Are any of you feeling not a bit "charmz"ed by OP??

 

[Silverplum]

Are any of you feeling not a bit "charmz"ed by OP??

I can't possibly be "charmed" by a hand-breaker.

 

[OHRoadwarrior]

I'm sitting on the fence. OP was clearly out of line AGAIN. She does appear to be making attempts to pick up the mess she has made of her life. I suspect she will be charged as an adult. My only recommendation is she plead not guilty and request a PD.

 

[Charmz]

I'm a guy btw, and I didn't come here for life advice, I came here for legal advice. The mess I made out of my life? I was getting xxeat out of me and I defended myself. I kicked her off of me when I was on the ground bleeding.. I'd like to see what you people would have done. I'm being charged in criminal courts as an adult and I talked to my legal aid today and he said I should be fine. But thanks everyone, for your x comments and not so helpful "advice."

 

[Silverplum]

I'm a guy btw, and I didn't come here for life advice, I came here for legal advice. The mess I made out of my life? I was getting xxbeat out of me and I defended myself. I kicked her off of me when I was on the ground bleeding.. I'd like to see what you people would have done. I'm being charged in criminal courts as an adult and I talked to my legal aid today and he said I should be fine. But thanks everyone, for your comments and not so helpful "advice."

I answered your question correctly and in full.

You're ever-so welcome.

 

[Just Blue]

I'm a guy btw, and I didn't come here for life advice, I came here for legal advice. The mess I made out of my life? I was getting the **** beat out of me and I defended myself. I kicked her off of me when I was on the ground bleeding.. I'd like to see what you people would have done. I'm being charged in criminal courts as an adult and I talked to my legal aid today and he said I should be fine. But thanks everyone, for your ******* comments and not so helpful "advice."

Well! You are indeed the "charmer"!!

Ba-bye!!