IOWA-
ok...brief description of the events..(my version obviously but is 'nearly' same as prosecution witnesses according to trial info)
-after a nite at the bar, i went to an afterparty with about half dozen people. some i knew, most i didnt... hour or two into the party, i sat down on a couch and nearly passed out.... a resident of the house (male) asked me to join the rest of the party outside... i agreed and as we went out, the male continued to make an issue of me sitting in the house alone... i became annoyed at his insenuation about my being alone in the house... he and i had a heated discussion and began to esculate to the point 5 males (i knew none of them) had surrounded me and were taking a stance with the resident. they kept advancing on me and we made our way to the end of the driveway..at this point i became scared that there may be imminent danger... i threatened to call the police...this did not disperse the 'pack'... they kept advancing and i was cornered on the neighbors' porch... a (female) resident of the 'party house' and the alleged victim had come to within an arms reach of me and the female was tugging on my shirt and telling me to leave... i began banging on the neighbors door and ringing the doorbell thinking if an adult were on the scene it may diffuse the situation...no one came to the door, so i called the 911...informed the dispatcher i was surrounded and was in fear ... she asked where i was and i gave the address but did not know the street... i got off the neighbors' porch and tried to go thru the yard to the street corner to get the name... the male who was within arms reach with the female approached closer to me and i struck at him knocking his hat off ..when he bent over, i kicked him in the face injuring his teeth...i then got to the corner and directed the police to the residence..i went back to the driveway and the crowd had dispersed into about 3 people... i stayed in the street ...they stayed on the porch...when the cops arrived, they immediately put me in cuffs, did not ask what happened and talked with the people still on the porch... the police arrested me and charged me with WILLFUL INJURY... i posted bond in the morning and the day before arraignment (a week later), the charges were dismissed (due to "inference of justice"...no idea what that meant, only that the ordeal was over...so i thought)... a month and a half later, i received two letters in the mail...one ordering me to be booked into the county jail and released, and an order to appear for arraignment... sorry for the long explanation, willful injury in iowa is an "act without justification"... am i guilty?... i'm so scared...Class C Felony.... jury instructions say that the 'defendant is not required to act with PERFECT JUDGEMENT if in his judgement the danger was real, even though it did not exist'... i tried to exercise an alternate course of action...(running to the neighbors', and calling 911) ... i was on the phone with 911 before, during and after the "kicking incedent"....
Any help is much appreciated
DownAndOutInIowa
ok...brief description of the events..(my version obviously but is 'nearly' same as prosecution witnesses according to trial info)
-after a nite at the bar, i went to an afterparty with about half dozen people. some i knew, most i didnt... hour or two into the party, i sat down on a couch and nearly passed out.... a resident of the house (male) asked me to join the rest of the party outside... i agreed and as we went out, the male continued to make an issue of me sitting in the house alone... i became annoyed at his insenuation about my being alone in the house... he and i had a heated discussion and began to esculate to the point 5 males (i knew none of them) had surrounded me and were taking a stance with the resident. they kept advancing on me and we made our way to the end of the driveway..at this point i became scared that there may be imminent danger... i threatened to call the police...this did not disperse the 'pack'... they kept advancing and i was cornered on the neighbors' porch... a (female) resident of the 'party house' and the alleged victim had come to within an arms reach of me and the female was tugging on my shirt and telling me to leave... i began banging on the neighbors door and ringing the doorbell thinking if an adult were on the scene it may diffuse the situation...no one came to the door, so i called the 911...informed the dispatcher i was surrounded and was in fear ... she asked where i was and i gave the address but did not know the street... i got off the neighbors' porch and tried to go thru the yard to the street corner to get the name... the male who was within arms reach with the female approached closer to me and i struck at him knocking his hat off ..when he bent over, i kicked him in the face injuring his teeth...i then got to the corner and directed the police to the residence..i went back to the driveway and the crowd had dispersed into about 3 people... i stayed in the street ...they stayed on the porch...when the cops arrived, they immediately put me in cuffs, did not ask what happened and talked with the people still on the porch... the police arrested me and charged me with WILLFUL INJURY... i posted bond in the morning and the day before arraignment (a week later), the charges were dismissed (due to "inference of justice"...no idea what that meant, only that the ordeal was over...so i thought)... a month and a half later, i received two letters in the mail...one ordering me to be booked into the county jail and released, and an order to appear for arraignment... sorry for the long explanation, willful injury in iowa is an "act without justification"... am i guilty?... i'm so scared...Class C Felony.... jury instructions say that the 'defendant is not required to act with PERFECT JUDGEMENT if in his judgement the danger was real, even though it did not exist'... i tried to exercise an alternate course of action...(running to the neighbors', and calling 911) ... i was on the phone with 911 before, during and after the "kicking incedent"....
Any help is much appreciated
DownAndOutInIowa