Battery

What is the name of your state? Indiana

I was at a club in Indiana. I live in Illinois. I was there with my boyfriend. I was standing by a lounge table with my boyfriend when a girl came from behind me and shoved me into the table (I fell over the table) and I said "Excuse me" and she said "**** you bitch". I told her to come and say it to me again and she did and I hit her with my hand in her face. Her friends took her out of the club. Forty-five minutes later the cops showed up and asked me to come outside to do a report. When I told the officer what happened, he said that she said basically the same thing. He took the report down while she continued to say the same explitives over and over again. I was not arrested and I thought everything was behind me. A month later I received a summons saying that I am being tried for battery misdemeanor class B. The hearing date is on the first day of my new job. I am a legally secretary at a law firm and asked an attorney in Illinois what to do. She was not sure because Illinois and Indiana law are different. She referred me to her uncle in Indiana who is an attorney. She said that I should use him. Just his retainer fee is $500. I am so worried about this because $500 is a lot of money for me to come up with, and then what other money will I lose over something that was not my fault. Yes, I know I should have walked away but I also didn't want a beer bottle or something broke over my head later on. I don't know who this girl is. I am a very professional person and just the thought of this on my record is scaring me to death. Does anyone know what I can expect of this???

Thank you.

Leela said:

What is the name of your state? Indiana

I was at a club in Indiana. I live in Illinois. I was there with my boyfriend. I was standing by a lounge table with my boyfriend when a girl came from behind me and shoved me into the table (I fell over the table) and I said "Excuse me" and she said "**** you bitch". I told her to come and say it to me again and she did and I hit her with my hand in her face. Her friends took her out of the club. Forty-five minutes later the cops showed up and asked me to come outside to do a report. When I told the officer what happened, he said that she said basically the same thing. He took the report down while she continued to say the same explitives over and over again. I was not arrested and I thought everything was behind me. A month later I received a summons saying that I am being tried for battery misdemeanor class B. The hearing date is on the first day of my new job. I am a legally secretary at a law firm and asked an attorney in Illinois what to do. She was not sure because Illinois and Indiana law are different. She referred me to her uncle in Indiana who is an attorney. She said that I should use him. Just his retainer fee is $500. I am so worried about this because $500 is a lot of money for me to come up with, and then what other money will I lose over something that was not my fault. Yes, I know I should have walked away but I also didn't want a beer bottle or something broke over my head later on. I don't know who this girl is. I am a very professional person and just the thought of this on my record is scaring me to death. Does anyone know what I can expect of this???

Thank you.

Click to expand...

You are GUILTY no matter if she started it first. You should hadn't hit her in the first place. If she shoved, then REPORT her, but not hit her. PRISON TIME FOR U.

Ignore 'combat' (what a name!!). He has no legal experience and is offering a blatantly incorrect statement. He apparently doesn't realize that you do NOT go to prison over a misdemeanor!!!

Here are the facts:
Indiana Code:
"IC 35-42-2-1
(a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a Class B misdemeanor."

"IC 35-50-3-1
(a) The court may suspend any part of a sentence for a misdemeanor.
(b) Except as provided in subsection (c), whenever the court suspends in whole or in part a sentence for a Class A, Class B, or Class C misdemeanor, it may place the person on probation under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor set forth in sections 2 through 4 of this chapter. However, the combined term of imprisonment and probation for a misdemeanor may not exceed one (1) year.
(c) Whenever the court suspends a sentence for a misdemeanor, if the court finds that the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on probation under IC 35-38-2 for a fixed period of not more than two (2) years. However, a court may not place a person on probation for a period of more than twelve (12) months in the absence of a report that substantiates the need for a period of probation that is longer that twelve (12) months for the purpose of completing a course of substance abuse treatment. A probation user's fee that exceeds fifty percent (50%) of the maximum probation user's fee allowed under IC 35-38-2-1 may not be required beyond the first twelve (12) months of probation.

IC 35-50-3-3
A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000)."

So, if this is your first 'trouble' you will very probably get probation at the worst. However, if the facts are as you present them.... she pushed you, you then provoked her into attempting to attack you.... At the very least, you might be able to defend that your actions were NOT done in a "rude, insolent, or angry manner", but in self defense against her aggressive actions toward YOU.

Depending on the facts and your ability to present them... you might consider handling this yourself (I don't recommend that very often, but this is such a relatively minor case with a minor potential outcome).

Thank you Halket. A couple of people have told me the same thing as you. I did retain an attorney though (for a $500 retainer fee). He is supposed to be a good attorney. I just don't want to take any chances. I am now pretty hurt though, over the fact that I am having to pay $500, and let me hope that this is all it will be, because of someone else. I have not yet been able to talk to this lawyer yet, (I sent him his retainer fee on Friday, so I will call him today) but I am going to try to see if I can countersue her for the money I am now having to put out. As I told my story, it so went. Therefore, if she can do this to me, I should be able to go after her when I is so proved. I looked up the Indiana codes and found that it is also battery to cause someone to have to cause battery on you. She shoved me over a table. So, I should be able to go after her too, right?

Thank you for your advise. And no, I didn't listen to the clown before you. I already knew I wouldn't be going to prison.

Thanks.