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felonious assault on a peace officer

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booger134

Junior Member
Ohio

I was drinking at a bar one night, ans was very drunk. I got into a small altercation with a man. I hit the man once in his face. I was arrested and released the next morning. I was charged with 5 misdemeanors including simple assault.

A few weeks later I was indicted for felonious assault on a peace officer, A felony of the first degree.

Do I have any legal standing with these arguments?

-The man was an off duty officer not in his jurisdiction.
-He was drinking, so how can he be within his scope of duties as a police officer.
-He did not receive medical attention at the scene.
-I am underage and was being served alchohol all night at the bar.
-I only hit the man once.
-Only weeks later did he say that it caused a broken ear drum.


Can anyone tell me if any of this is relavant.
 


CdwJava

Senior Member
booger134 said:
Do I have any legal standing with these arguments?

-The man was an off duty officer not in his jurisdiction.
If he had not identified himself as a peace officer, then this should not be an element of the crime. In my state (and I am pretty sure in OH as well) an off duty officer is a peace officer 24/7 ... but for you to be charged with assault on a peace officer as opposed to simple assault, you'd have to reasonably KNOW he was a peace officer.


-He was drinking, so how can he be within his scope of duties as a police officer.
He wasn't on duty, but he was still a cop.

You can be charged with domestic violence for thumping your ex-wife who is drinking at a bar ... the fact that you are no longer married and she is drinking does not remove that special status.


-He did not receive medical attention at the scene.
Irrelevent. Many assault and accident victims are not aware of the full extent of their injuries until some time after the incident. Knowing that one is injured is not an element of the offense.


-I am underage and was being served alchohol all night at the bar.
Being guilty of another offense does not absolve you of your actions ... though it may mean that the person serving you can face his or her own charges.


-I only hit the man once.
That's all it takes.


-Only weeks later did he say that it caused a broken ear drum.
Okay. And the medical testimony will determine if it was from the assault or not.

Even if you remove the peace officer part, chances are this is a felonious assault because of the injury.

Hire an attorney immediately!

- Carl
 

booger134

Junior Member
My indictment states:

The defendant knowingly caused serious physical harm to the plaintiff, the grand jury further specifies that the victim is a peace officer.

Felony 1


How can I knowingly, If I am underage and getting served alchohlol.


Is there any chance I have to beat this?
Or should I take a deal if they give me one?
 

CdwJava

Senior Member
booger134 said:
How can I knowingly, If I am underage and getting served alchohlol.
Being underage and drinking does not make you a moron and thus incapable of understanding the consequences of your actions. You are still responsible even if you are committing another crime (yes, it is another crime to be drinking while underage and purchasing alcohol at a bar).


Is there any chance I have to beat this?
Or should I take a deal if they give me one?
Sure - there is always a chance. You may even have a good one. Most bar fights are Excedrin headache cases for a DA to prosecute as all parties are generally acting like idiots and they tend to be mutual affairs.

Consult an attorney yesterday.

- Carl
 

I AM ALWAYS LIABLE

Senior Member
CdwJava said:
Being underage and drinking does not make you a moron and thus incapable of understanding the consequences of your actions. You are still responsible even if you are committing another crime (yes, it is another crime to be drinking while underage and purchasing alcohol at a bar).



Sure - there is always a chance. You may even have a good one. Most bar fights are Excedrin headache cases for a DA to prosecute as all parties are generally acting like idiots and they tend to be mutual affairs.

Consult an attorney yesterday.

- Carl

My response:

I tip my hat to you, Carl. Unfortunately, you have to deal with low-life idiots like this everyday - but then, somebody has to do it. Thank God I don't have to deal with trailer trash. Thanks for keeping the streets clean, Carl.

IAAL
 

booger134

Junior Member
I have a lawyer but he doesn't tell me much.


How can the medical people tell when or what caused the problem. Couldn't it have happened at anytime.

I was the only person who struck anybody.
But there was no blood, he never fell down.
He did not seem injured at all.

Whats better a judge trial or a jury trial?


Thanks for your help.
 

CdwJava

Senior Member
booger134 said:
I have a lawyer but he doesn't tell me much.
He works for you. If you are footing the bill, keep on him for some answers. But, understand that things move slowly in court so contacting him every day is pointles.


How can the medical people tell when or what caused the problem. Couldn't it have happened at anytime.
It is not that difficult to nail down when an injury might have hapened - at least a range of days. It also depends on when he went to the doctor. If he went the next day it's worse for you than if he waited a week. Can they prove that YOU specifically caused it? No. But if the time and location of the injury coincided with the assault, then that is good circumstancial evidence. It will be up to your attorney to cast doubt that the injury occurred as a result of your assault.


I was the only person who struck anybody.
But there was no blood, he never fell down.
He did not seem injured at all.
The fact that he did not SEEM injured is completely irrelevant. I have seen people do just fine after a fight only to die from a hemorrhage an hour later.

What he looked like after you popped him is not likely to be relevant unless the nature of his felonious injury was such that there would have to have been lots of blood and torn tissue or teeth.


Whats better a judge trial or a jury trial?
Ask your attorney. I hear that if your defense is emotional, you go for a jury ... if it is on a fact of law (i.e. you're arguing a technicality in the law) you may want to go for a judge alone.

Only your attorney can say what is best for you.

- Carl


Thanks for your help.[/QUOTE]
 

I AM ALWAYS LIABLE

Senior Member
booger134 said:
I have a lawyer but he doesn't tell me much.


How can the medical people tell when or what caused the problem. Couldn't it have happened at anytime.

I was the only person who struck anybody.
But there was no blood, he never fell down.
He did not seem injured at all.

Whats better a judge trial or a jury trial?


Thanks for your help.

My response:

You are toast.

He'll have three or more witnesses testify, including the bartender, that you were informed he was a cop. And, when you became belligerent, he flashed his badge at you, and that's when you popped him.

Yes, you are toast. Get ready to meet "Big Bubba", and bring some K-Y Jelly to court with you because you're going to get reamed right up the old poop chute.

IAAL
 

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