3rd degree assualt

[milkisgood]

edit** (thank you for you help guys)

 

[gawm]

Did you make any statements to police at any time?

 

[milkisgood]

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[gawm]

So then you did. What you told those officers will end up in a police report. The worst thing you have going for you is he stopped hitting you, no self defense claim there. You could of called police and pressed charges but you beat the crap out of him and you ran. I suggest you hire an attorney, if you have no prior record he might be able to get you a plea that avoids jail time.

 

[milkisgood]

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[gawm]

I know you feel like you were provoked, but you kicked the crap out of the guy and took off running. That does not look good anyway you put it. If you act remorseful, explain why you did it and you now know it was wrong, you may not get any jail time. What is the legal assistant telling you?

 

[milkisgood]

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[gawm]

Of course he is going to say that. That's why you should not have ran. Do they have surveillance cameras at your work?

 

[milkisgood]

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[gawm]

It's definitely an uphill battle for you. Since this is your first offense, it's a misdemeanor charge, the victim was not hurt seriously, I don't think you will get the max (1 year). Post back and let us know how it turned out for you.

 

[You Are Guilty]

For someone with a clean record, this is something that can be pled out without any jail time. However, if you insist on handling it yourself, the odds of that happening go down.

Anyway, you are charged with this:

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.

(For whatever it's worth, this is the wussiest of all assault charges, so be thankful for that.)

Although I strongly advise against doing this yourself, some potential defenses to throw out to the ADA are:

6. A person may, pursuant to the ensuing provisions of this article,
use physical force upon another person in self-defense or defense of a
third person, or in defense of premises, or in order to prevent larceny
of or criminal mischief to property, or in order to effect an arrest or
prevent an escape from custody. Whenever a person is authorized by any
such provision to use deadly physical force in any given circumstance,
nothing contained in any other such provision may be deemed to negate or
qualify such authorization.

1. A person may, subject to the provisions of subdivision two, use
physical force upon another person when and to the extent he or she
reasonably believes such to be necessary to defend himself, herself or a
third person from what he or she reasonably believes to be the use or
imminent use of unlawful physical force by such other person, unless:
(a) The latter's conduct was provoked by the actor with intent to
cause physical injury to another person; or
(b) The actor was the initial aggressor; except that in such case the
use of physical force is nevertheless justifiable if the actor has
withdrawn from the encounter and effectively communicated such
withdrawal to such other person but the latter persists in continuing
the incident by the use or threatened imminent use of unlawful physical
force; or
(c) The physical force involved is the product of a combat by
agreement not specifically authorized by law.

Obviously, a lawyer can help find other potential defenses (of which there are too many to go into here).

You'll be wanting to ask for a plea - presumably to something like harassment,

A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.
Subdivisions two and three of this section shall not apply to
activities regulated by the national labor relations act, as amended,
the railway labor act, as amended, or the federal employment labor
management act, as amended.
Harassment in the second degree is a violation.

or DC:

A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
Disorderly conduct is a violation.

with an Adjournment in Contemplation of Dismissal (ACD). That would mean no "criminal" record - a violation is basically like a speeding ticket.

Good luck.

 

[milkisgood]

edit** (thank you for you help guys)

 

[gawm]

I would follow You Are Guilty's advice. He is an attorney and knows what he is talking about. Attorneys do take payment plans.