Charged with 1 Felony and 2 Misd. HELP!

Here's the scoop:

About 2 months ago I was walking two of my dogs around my neighborhood when I noticed a woman walking around my vehicle - looking inside, outside, plates, etc. She then puts a note on my car and continues to speak on the cell phone "This one? Is it this one? Are you sure? Okay". She then continues again to walk around the car, look inside, etc. At that point I notice her keys in her hands and at that point I confronted her in fear that she was going to key my car. I asked "what are you doing to my car?". She didn't even look up, and continued to walk away and completely ignored me. I yelled back and repeated my question and she screams out "None of your business you fa*got!". I ask, "I just want to know what you were doing walking around my car like that". She continues to walk away and I say back, "don't ever come near my car again, bitch" and turn around to walk away. She stops and turns and say "well, what are you going to do? Hit me in the face?". I reply, "No, but apparently you can't even answer a simple question when I just caught you trying to key my car, you nut case".

Well, I'm not sure if the word "nut case" made her snap but at that point she went completely insane. She came to about 5 or 6 inches from my face and kept saying, "well, what are you going to do? Hit me in the face? Go ahead and hit me in the face you fag." She then kicks one of my dogs (9 month of Jack Russell) and as I was trying to shorten my leash to get them away from her, she says "hit me in the face you f*ing gook!" and pushes me with her two hands into my chest. I coil back and before I knew it she had spat in my face.

Now I was not about to let both of my dogs go to fight her (they are notorious for running away and one was only a puppy) so the best I was able to do was to push her left shoulder (mind that both of my hands were full. One leash on each hand). She coils back about 2 or 3 steps and falls on her behind. She gets up, calls me an "a$$h*le" and walks away.

2 months later, 6 cops come to my door and arrest me and now I am currently charged with the following:

1. Aggravated Assault (Felony)
2. Simple Assault (Mis)
3. Reckless endangerment to another person (Mis)

I later find out that apparently in my process of my pushing her, she tore her ACL. I talked to a bunch of sports medicine doctors and they told me that if she fell on her butt from a simple push, that should not have caused a torn ACL and even if she did, it's quite a lengthy process to heal. She had apparently called the cops that night but did not seek ambulance treatment.

Also, her boyfriend works as a medical student so there may be something going on where somehow he could have gotten something written up. Also, I see this woman almost daily since she uses the same parking lot as I do and she's been walking fine.

Spoke with the detective that arrested me and he told me that her story is completely different than mine. Basically she told him that she never touched me and that I pushed her and that was the only physical contact that the both of us had against each other. Apparently she made me out to be some kind of wife beater because when the cops came to arrest me 2 months later in the morning, it was the one detective and five cops.

I spoke with my lawyer and she told me to videotape her much as possible. But would this help even though it's been 2 months past since her "injury"? My lawyer also stated that Philadelphia is notorious for over charging suspects and that I may get the felony dropped but the misdemeanors may stay.

In my view, this is utter BS. I am a white collar young professional and do not need this type of crap on my record. I am in the process of studying for my GMATs and even if I get my MBA, I guess it wouldn't matter if I have something like that on my record. I also had to skip out on an interview the same day that I was arrested. The interview was in California (I live in Philadelphia, PA). I am in the process of rescheduling my interview but will something pop up if the company were to do a background check on me?

I cannot eat, sleep and I am just completely stressed out about this. These charges are completely bogus and it's just disheartening that this kind of stuff happens to people that was just trying to defend himself.

Anyone have any suggestions?

Wow. I had almost the identical thing happen to me, where some woman writing something on my car with lipstick and when I confronted her (no physical contact), she went crazy and assaulted me in a manner similar to your case. I am sympathetic because my guess is that in so many cases, these hysterical crackpots tee off on guys, but since the guy doesn't actually get "hurt", they just blow it off and don't involve the police. Then the woman, if she is touched - or isn't touched - can show up in a body cast later and cry and whine. It is a real inequity.

Obviously you should not have touched her, even if you had to run from her in in her hormone-fueled rage.

Nobody can say how this will turn out, but really, she has no evidence, at least that you have shown in your post. The fact that she tore an ACL, or claims to have, doesn't mean anything. Were there any witnesses to the confrontation? Was she really talking to someone on the phone as this happened? Videotaping might help, but whether or not she has an ACL or other injury does not *necessarily* relate to any involvement with you.

that's a really long story. and I have to wonder, why did you leave out certain information,? For example you say that she put a note on your car? What did the note say?

who was the woman, had you ever seen her before? Had a confrontation with her before?

What does the police report say?

TomD1974 said:

Wow. I had almost the identical thing happen to me, where some woman writing something on my car with lipstick and when I confronted her (no physical contact), she went crazy and assaulted me in a manner similar to your case. I am sympathetic because my guess is that in so many cases, these hysterical crackpots tee off on guys, but since the guy doesn't actually get "hurt", they just blow it off and don't involve the police. Then the woman, if she is touched - or isn't touched - can show up in a body cast later and cry and whine. It is a real inequity.

Obviously you should not have touched her, even if you had to run from her in in her hormone-fueled rage.

Nobody can say how this will turn out, but really, she has no evidence, at least that you have shown in your post. The fact that she tore an ACL, or claims to have, doesn't mean anything. Were there any witnesses to the confrontation? Was she really talking to someone on the phone as this happened? Videotaping might help, but whether or not she has an ACL or other injury does not *necessarily* relate to any involvement with you.

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Oh shut up, before one of the "homone Fueled" ragers on this site goes off on YOU.

Oh yeah, stalk her and try to video tape her, now that is some fine legal advice.

Why the heck did you not call the police immediately?

Oh shut up, before one of the "homone Fueled" ragers on this site goes off on YOU.

Oh boy - I sure would hate for *that* to happen!<g>

Oh yeah, stalk her and try to video tape her, now that is some fine legal advice.

That was not my advice. It was his lawyer's. I just did not totally dismiss the probability that it could be effective. To do otherwise would be irresponsible - but hey, this is a bulletin board, right? Nobody is held accountable for crappy advice.

fairisfair said:

that's a really long story. and I have to wonder, why did you leave out certain information,? For example you say that she put a note on your car? What did the note say?

who was the woman, had you ever seen her before? Had a confrontation with her before?

What does the police report say?

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The note said something like "if you cannot park with respect to other cars, then dont park here at all". It was actually a note written by someone else that had put it on her (her boyfriend's) car so I guess she decided to move the note around with her boyfriend guiding her to what car she should put it on. But like I said, I confronted her after she got a little "shady" and decided to walk behind the car with her keys in her other hand.

No confrontation had ever occurred with her before and no, I have never seen her before until that incident.

I did not get a chance to read the police report but like I said, the detective told me that the story that she gave is very different than mine. Basically it states that she never touched me.

I'm just worried like crazy because I was technically defending myself. And considering how close she was to me and had spit in my face, I couldn't really see so I just pushed her to get her as far away from me as possible so she would not physically harm me further or try to kick one of my dogs again.

After she fell, someone came running across the street and asked her if she needed any help. Not sure if that is a witness.

The detective said that she has multiple witnesses but this occurred at 11PM and from what I remember, no one was on the streets except for that one person that asked if she was okay. But at the same time, the detective said that there are survaliance cameras in the area which are untrue because I am part of the neighborhood watch for my condo building and there are no documented security cameras in that area. Also, after I told my side of the story, he did not deny that my story was true or not.

Hopefully the "victim" will realize that if she wants to move forward with this, that I will stand up and fight to the end and that she will need to supply the court with x-rays, documentations and a doctor will probably have to be there. Hopefully if her claim was false and she knows this, she just won't show up for the preliminary hearing. I just saw her running and tickling her boyfriend in the parking lot yesterday. Urgh. Torn ACL my butt.

Ozark_Sophist said:

Why the heck did you not call the police immediately?

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I didn't call the police because I really didn't see it as a huge confrontation. Sure, she pushed me, kicked my dog and spit in my face but I was able to stop her from doing anymore harm to me or my dog by pushing her away and then she decided to walk away at that point. I just do not believe in causing any type of trouble like that especially getting the police so I never followed up.

A lot of people are telling me that I should press charges on her at this point. Is it too late?

ducati1978 said:

A lot of people are telling me that I should press charges on her at this point. Is it too late?

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Especially if you believe that you have evidence to support your claim the she attacked you and you were defending yourself (via all these supposed cameras and witnesses), I would go on the offensive at this point. But what does your lawyer say? He should be filing for discovery and have access to all of this video and these witness statements. If all of this really does exist, he should be making it go away expeditously so you don't have to stress so much. Your "victim" is not stressing - she thinks she can attack with impunity. Spend some time with your attorney and get the playing field leveled, which could certainly include getting assault charges filed against her. Again, this is assuming that your account is true and the same evidence that she is trying to use against you would support a charge against her.

Sometimes people like to sort of forget the whole thing once they see how the world actually works.

TomD1974 said:

Especially if you believe that you have evidence to support your claim the she attacked you and you were defending yourself (via all these supposed cameras and witnesses), I would go on the offensive at this point. But what does your lawyer say? He should be filing for discovery and have access to all of this video and these witness statements. If all of this really does exist, he should be making it go away expeditously so you don't have to stress so much. Your "victim" is not stressing - she thinks she can attack with impunity. Spend some time with your attorney and get the playing field leveled, which could certainly include getting assault charges filed against her. Again, this is assuming that your account is true and the same evidence that she is trying to use against you would support a charge against her.

Sometimes people like to sort of forget the whole thing once they see how the world actually works.

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I highly doubt there were any camera that did any type of taping. If so, my lawyer will have access to the information. In regards to any witnesses, I am very doubtful as well. There are a couple of holes in her accusation. One being that she did not seek immediately medical attention via the ambulance. It is believed that she went to the doctor a day or so later and got a diagnosis of a torn ACL but I am sure she'll be questioned to bits and pieces to why she waited so long considering that a torn ACL is extremely painful - especially right after the injury occurred. Also, she should realize that a lot of medical papers will be required by the judge including x-rays, etc. So even though her boyfriend is works in the medical field and considering that her torn ACL was a fake, then it's very difficult to produce this type of paperwork.

My prelim in this coming Tuesday but my lawyer is going to request a continence which she will get and that will be pushed back to around August 2007. She's apparently very familiar with the system and she knows all of the judges. Hopefully, she said that the accuser will decide not to proceed after realizing that this will be lengthy process and the accuser will not even bother to show up.

TomD1974 said:

Especially if you believe that you have evidence to support your claim the she attacked you and you were defending yourself (via all these supposed cameras and witnesses), I would go on the offensive at this point. But what does your lawyer say? He should be filing for discovery and have access to all of this video and these witness statements. If all of this really does exist, he should be making it go away expeditously so you don't have to stress so much. Your "victim" is not stressing - she thinks she can attack with impunity. Spend some time with your attorney and get the playing field leveled, which could certainly include getting assault charges filed against her. Again, this is assuming that your account is true and the same evidence that she is trying to use against you would support a charge against her.

Sometimes people like to sort of forget the whole thing once they see how the world actually works.

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Well, the thing is is that I had a friend that was looking out of my window and he did see her kick one of the dogs, push me and spit on my face. But at the same time, he's MY friend so how believable is that going to the judge???

Also, couldn't she just have her boyfriend say that he looked out of their window and saw a completely different event - like I pushed her but she never touched me.

TomD1974 said:

Oh shut up, before one of the "homone Fueled" ragers on this site goes off on YOU.

Oh boy - I sure would hate for *that* to happen!<g>

Oh yeah, stalk her and try to video tape her, now that is some fine legal advice.

That was not my advice. It was his lawyer's. I just did not totally dismiss the probability that it could be effective. To do otherwise would be irresponsible - but hey, this is a bulletin board, right? Nobody is held accountable for crappy advice.

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This is NOT a"bulletin board", it is a LEGAL advice forum , and if you continue to give crappy advice you will get banned. If you don't know the LEGAL answer do not respond.

baystategirl said:

This is NOT a"bulletin board", it is a LEGAL advice forum , and if you continue to give crappy advice you will get banned. If you don't know the LEGAL answer do not respond.

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Another question would be, is it legal to videotape someone in a public place? My lawyer told me to have a friend video tape the parking lot and say that we use it for our own personal security purposes since his car was already broken into once (and his car was broken into).

TomD1974 said:

Especially if you believe that you have evidence to support your claim the she attacked you and you were defending yourself (via all these supposed cameras and witnesses), I would go on the offensive at this point. But what does your lawyer say? He should be filing for discovery and have access to all of this video and these witness statements. If all of this really does exist, he should be making it go away expeditously so you don't have to stress so much. Your "victim" is not stressing - she thinks she can attack with impunity. Spend some time with your attorney and get the playing field leveled, which could certainly include getting assault charges filed against her. Again, this is assuming that your account is true and the same evidence that she is trying to use against you would support a charge against her.

Sometimes people like to sort of forget the whole thing once they see how the world actually works.

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So, apparently you not only give BAD advice, but you can't read either?? Where does he say that there is a video tape of the incident?? The only mention of video tape is post incident, in order to prove that her claim of injury is an exaggeration. Kind of sort of like your claim to be able to give pertinent advice is.

ducati1978 said:

Another question would be, is it legal to videotape someone in a public place? My lawyer told me to have a friend video tape the parking lot and say that we use it for our own personal security purposes since his car was already broken into once (and his car was broken into).

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There is generally no expectation of privacy in a public area. You should check your state statutes regarding recordings. And it would be advisable to check with the complex for permission as well, as it appears that you live in an apartment complex, and do not own the property.

Your lawyer will request a continuance, not a continence, unless of course he has some kind of bladder problem.

Your friend would be every bit as believable a witness, as her boyfriend. Of course that is based on the premise that he is a believable person as a rule.