aggravated assault need help

[mudbone180]

Me and my brother was celebrating me getting a new job so we had a few drinks me aperson that really never drinks had to many we got into a argument and i reached for a knife. He saw me reach for a knife so he reached for it at the sametime and cut his finger. The argument led outside and someone called the police. They seen my brothers finger bleeding and arrested me for aggravated assault. My brother didnt wanna press charges but the state picked it up this is my first offense. Since they didnt specify a degree of the charge im assuming its fourth. My mother and father seen the whole thing and knew that wasnt really me and the drinks had a effect on the situation so they decided to come to court with me to see if they could help.My brother has to appear too but we made up and he knows it was all just a big mistakemy question is will i do some time????

[FlyingRon]

When people pull knives out in arguments (even when nobody gets hurt) we call that assault. When you injure someone in the process it gets aggravated.

Being drunk is not an excuse for this behavior. Having your mommy write a letter isn't going to help. You need a lawyer.

Please indicate what state you are in. We ask that for a reason.
Yes you could quite possibly go to jail.

[mudbone180]

Yea i can tell you are the devils advocate. First of all you have to pay attention to what i wrote i never said that i was gonna get my mother to write a note my mother and father were there at the time of the incident so they will be coming with me to court. Before you respond to anything you need to pay attention and read carefully or get some glasses. My brother that is the victim also knows that it was a accident i did not cut him i reached for the knife and he reached at the sametime we both grabbed it but he had the part that was close to the blade and he cut his FINGER!!!!!!!!! I cant even believe you took the time out just to write that comment because you were no help that reply was pretty dumb in its self. I really need some real help somebody that knows what they are talking about. Im not a criminal and i never hurt anybody in my life and my record is clean. It went from superior and dropped down to municipal so im hoping thats a good sign. My mother and father they are witnesses thats why they are coming . My bother who is the victim and has to appear will also support me so you have to take that into consideration. New Jersey is the state

[Some Random Guy]

And if your mother and father come to court will they truthfully testify that you and your brother were struggling over a knife in an argument and that he got cut? If so, then expect to be convicted of aggravated assault.

There is no way that injuries from two grown men fighting for control of a knife during a fight could be construed as an innocent accident.

Get a lawyer and listen to him.

[mudbone180]

Wow you never seen anywhere that i wrote we was struggling over a knife. When he saw me look at the knife and proceed to reach for it he reached at the sametime and cut his finger after that it was over because we know we had taken it to far. Yes my mother and father will testify truthfully and thats all i expect them to do. My brother as well who is the victim also will testify truthfully and he is on my side. The only reason why the state picked it up is because the police saw blood which is probable cause but the fight wasnt that serious it was a small cut on his finger. I think i have a chance to get it downgraded. I just gotta prove to the judge im not a violent person and im not a menace to society i mean its my first offense

[Ohiogal]

Originally Posted by mudbone180

Wow you never seen anywhere that i wrote we was struggling over a knife. When he saw me look at the knife and proceed to reach for it he reached at the sametime and cut his finger after that it was over because we know we had taken it to far. Yes my mother and father will testify truthfully and thats all i expect them to do. My brother as well who is the victim also will testify truthfully and he is on my side. The only reason why the state picked it up is because the police saw blood which is probable cause but the fight wasnt that serious it was a small cut on his finger. I think i have a chance to get it downgraded. I just gotta prove to the judge im not a violent person and im not a menace to society i mean its my first offense

Your knife. In your hand. Cut your brother. End of story. Aggravated assault. Your excuses do NOT matter. You may not think you are a violent person but you reached for a weapon (deadly weapon in many cases) during an argument. Guess what? You ARE violent. You committed an aggravated assault.

[Some Random Guy]

Wow you never seen anywhere that i wrote we was struggling over a knife. When he saw me look at the knife and proceed to reach for it he reached at the sametime and cut his finger

OK, tell those two sentences to the judge. Wait for the laughter.

I just gotta prove to the judge im not a violent person and im not a menace to society

That will be hard since you reached for a knife during a drunken domestic dispute. If you are willing to grab for a knife when arguing with ones you love, what are you willing to do with strangers that you don't care so much for?

Seriously, get a lawyer. Listen to him - he knows what the courts like to hear. The things that you think make you look innocent actually make you look more guilty.

[mudbone180]

I understand what your are saying but Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.

that has nothing to do with what im talking about. Obviously i must know its aggravated assault because i got the charge all im wondering is if i have my mother father who was there at the time and my brother who is the victim all with me i should just get some fines probation or program or all the above especially since its my first offense. For the record im 32 and never had a fight in my life never did drugs and rarely drink so for you to jump up and call me violent is outta line. I admit its my fault but at the sametime if we wasnt drinking it would have never happened i know im responsible for my actions but alcohol at a huge effect on it. My court date is the 5th of Nov. i will keep you guys posted and let you know what happened. I know its possible to do time but i dont think i will.

[jsmith416]

Originally Posted by mudbone180

that has nothing to do with what im talking about.

That's her signature you friggin' idiot.

(and yes I registered just so I could tell you this)

[Ohiogal]

Originally Posted by jsmith416

that's her signature you friggin' idiot.

(and yes i registered just so i could tell you this)

lol lol rotflmao :d

[Ohiogal]

Obviously i must know its aggravated assault because i got the charge all im wondering is if i have my mother father who was there at the time and my brother who is the victim all with me i should just get some fines probation or program or all the above especially since its my first offense.

Possible. YOu going to plead guilty?

For the record im 32 and never had a fight in my life never did drugs and rarely drink so for you to jump up and call me violent is outta line.

Nope. It is truthful. YOU are violent. You took a knife to a fight. You grabbed for a knife. You assaulted your brother with said knife. No matter how you want to paint it that is an act of violence. Committing an act of violence makes you -- wait for it -- can you guess -- come on, I know you can figure it out -- oh heck -- VIOLENT!

I admit its my fault but at the sametime if we wasnt drinking it would have never happened

Then YOU should NEVER drink -- EVER.

i know im responsible for my actions but alcohol at a huge effect on it. My court date is the 5th of Nov. i will keep you guys posted and let you know what happened. I know its possible to do time but i dont think i will.

Okay then. You don't think you will. You also don't think you are violent.

[dave33]

Some crucial things that you need to figure out. Are you planning on pleading guilty? Will you plead guilty even if you weren't planning to if the plea deal includes no jail time? If you go to trial will your family show up to testify against you? Can you afford a private attorney? As far as your jailtime question goes, it's hard to tell (impossible) what the d.a.'s 1st offer will be.goodluck.

[mudbone180]

My family on my side my brother too first offense i ll do good with a public defender then i will know right off the bat what i gotta do

[Indiana Filer]

Originally Posted by jsmith416

That's her signature you friggin' idiot.

(and yes I registered just so I could tell you this)

I like you!

[Antigone*of*Greece]

Originally Posted by Indiana Filer

I like you!

Lol... Where the heck was he when nicoleasm said that she had the highest degree in medicine (she's a PharmD)