Am I guilty of WILLFUL INJURY in Iowa?

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

DownAndOutInIowaWhat is the name of your state (only U.S. law)?

What authority figures don't like is when you make the first attack, which you admitted doing. The exact wording of the statute may or may not provide some hope for you, so please provide the statute number(s) for which you are being charged.

Either way, it would be a great idea to talk to some attorneys and see about retaining one.

What real danger were you in when the victim was bending down and reaching for his hat?

iowa codes

IOWA CODE 708.4- Willful Injury

...it was never my "intent" to hurt anyone...only to clear a path to get away...does the 911 help my case?

...and the hat?...not sure he was going for the hat?!...just bending in my direction...

dan1978 said:

...it was never my "intent" to hurt anyone...

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You intend the natural and probable consequences of your own actions:

...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...

So you knocked his hat off, and instead of him attacking you, he reached down for his hat. He was distracted by his hat, leaving you a chance to walk away, right? Instead, you kicked him in the face. You are going to have quite the difficult time handling this one. Get an attorney.

update on the case

hello all...i thank you for taking time to read the long post and respond...not the answers i wanted but im not so naive...ok, without further ado, here is the update. When i originally posted my issue, i had no evidence, police reports, etc.. Here is what we know:

Prosecution has 3 witnesses from the scene. The occupants (girl) (boyfriend), and the alleged (victim). We have deposed these 3. More on that in a min. I have a copy of the 911 call which is 4 min long. As i said, things were happening fast. I have my shirt from that nite which is ripped. I have the (neighbor) who says this is a "trouble" house. She had her windows open that nite and witnessed the "pack" calling me names and threatening violence on me. She has witnessed (girl) and (boyfriend) beating each other. I found out (girl) has Domestic Assault conviction and her child is currently in state care. (Boyfriend) has an Assault conviction. Our alleged (victim) was placed on probation 5 mths prior to this incedent for Assault, Burglary, and Criminal Mischief. He was released by a judge from drug treatment only a month before. He is under drinking age, was and is still on probation. That nite i had received a text msg moments before dialing 911. It was from a mutual friend of myself and (boyfriend). It told me to "chill out". After talking to said friend he told me he received a call from (Boyfriend) telling him that "they" were going to "whoop him" or "jump him". During deposition (boyfriend) admits making call, but says he was asking the friend "what to do with him"(me). Prosecution does not know what the mutual friend will say ACTUALLY was said. (I say thats my star witness. You?) (boyfriend) also says he wasnt drinking much, only about "six drinks at the bar". During deposition (girl) says (boyfriend) wasnt drinking because he was driving. When asked what I was acting like, she says I was acting "scared", "like he thought people were going to hurt him". And "like he didnt know what was going on". During depositions alleged (victim) says his friend and others were taking turns "confronting" me. He said at some point the stepped up to "back up his friend". When asked why he says "to show him there is 2 of us and 1 of you". Alleged (victim) also says he "didnt drink at all". (boyfriend) said that alleged (victim) was drinking. The hospital reported a low BAC. (which isnt ZERO!)
Now the 911 tape. Its very telling. As soon as the dispatcher picks up you here me saying "i got no problem with you guy"..then you hear a lot of voices yelling at me...one voice says "tell em he's gettin his ****in ass whooped"... then i am giving the number of the neighbors house that i am on the porch of...i say "whats the street, whats the street"...sneers and laughter from the background... people are in and out of my mic on my phone...this shows the proximity and repeated confronting...someone says "lets fight"...the girl is yelling in the background and you hear me say "cant you ****in see im in trouble here"...more yelling...more voices in and out of my mic...someone says "its a ass whoopin"... then you hear someone say "you wanna ****in go"...i fear that may be my voice...ive listened and listened and im still not sure...but i want to give you all the info so that i dont shade this in the best light for myself... at that point you here the alleged assault...then you hear me getting confident....calling them pussys and bitches...i remember quite clearly that at that point i had "gotten" one of them and a display of confidence would prevent retaliation from the rest... at that point i immediately run up the street and report the street sign to the dispatcher.
these guys are saying they are "backing" each other up. What? against a one-armed man? remember i am on the phone before during and after the entire incident. some are saying there was 5 people there some say 7. the victim says 11-12 people. they are all minimizing there level of intoxication and there aggressiveness. but they do not hesitate to call me a drunk, wild, out of control maniac. i tried to run to the neighbor and called the police...oh yeah, on the 911 call i also say "theres people after me hun, and i want the cops here right now". I was beating frantically on the neighbors door. we now know that the neighbor is bed-ridden and dieing of cancer...i didnt know that tho...but it explains why no one came to the door..the alleged assault occurred in this neighbors yard...i did my duty and retreated i feel...they all pursued me and how should i be able to assault someone who should be 20 ft away at the original residence?...when im in the neighbors yard, my foot should never have the opportunity to kick someone...at what point should he have backed off?
Sorry, i get a little zealous. But i cant help it. I'm charged with Willful Injury causing Serious Injury class C, and Assault causing serious injury class D. 15 YEARS! 2 assaults from one incident? The prosecutor had dropped the charges and then re-charged me 3times the prison sentence! Then, before i was even re-arrested, or had gone to a first arraignment, she had sent my lawyer a plea bargain back to the ORIGINAL CHARGE! Class D 5 years and only BODILY INJURY! Are you kidding me, a 66% "discount" AND not a serious injury! So if i sign my life away, you win your little case and I didnt hurt him that bad, but if i try to defend myself in court youll say he sustained a much worse injury? In Iowa there are 2 assaults. Serious injury or Bodily injury. Serious says a "permanently dibilitating, or life threatening injury." The doctors put braces on 3 teeth, prescribed him Ibuprofen and released him and he testified in deposition that he went back to work the next day.
I do not have a clean record. I have a simple assault (misd.) for a stupid bar fight. I have a felony forgery from 1998(i was 18years old) I have possesion of drug paraphenalia(marijuana pipe), 2 dwi's, and tons of driving infractions. I realize i have made bad choices. And i have ALWAYS signed a plea bargain. This time i feel i tried to do the right thing and I am facing a jury for my freedom. I have a public defender and Ive seen him 3 times. When i do see him, he rushes me in and out of his office. He did the deposition of the doctor without even calling me before or after. When i asked for a copy, he had lost it. He not exactly giving me a lot of confidence in his abilities. When I ask specific questions about his experience and to site cases that i may read, he belittles me and says "how many cases have you tried"? He's a friggin jerk and is not familiar with my case at all. I feel we will go to court ill-prepared. Trial is less than 3 weeks and I am just exhausted mentally, physically and emotionally. I have been online reading the law like im studying for the bar.
At this point im asking you all to tell me your thoughts. More in a juror capacity than anything. Anyone who would like to here the 911 call can email me. i hope to get some responses on here and wish me luck guys and girls. Trial is either Feb. 3 or Feb. 10. Still waiting on the jerk to nail that down too.
i reccomend anyone to google the name Mike Mette. his conviction was recently overturned on appeal and he was released. The case is eerily similar to this. Only the victim was hospitalized with multiple brain hemorrages and injuries consistent with multiple strikes and stomps. The defendant maintained he only punched him once. His case is in Iowa as mine is.

i have no family and very few friends. I grew up in foster homes and at 18 was showed the door. To a world i knew nothing about. I never adjusted well socially and have made a lot of bad decisions for myself. Im clean cut, i dont do drugs, i drink socially, i hate beer, im not what you would consider "the bad crowd". I just seem to get myself into STUPID situations and make the wrong decisions. I want to change and be "normal" but i dont know how to get there. I will be on here daily until this is resolved or you no longer hear from me. Then you will undoubtedly know the outcome. I thank you to anyone who is still reading and if you have any other questions, please ask. I will make the responses brief as i dont want you to be turned off. Please send anyone and everyone to this thread. The more "sampling" i can get of what a potential juror might be thinking will better help me prepare for the outcome.

Do you think I committed a crime? Was the Self-Defense law created for this scenario?

[email protected]

Self defense doesn't apply when you not only made the first attack, but did so while the other person was merely picking his hat up.

Since you've apparently missed the advice I've given you twice already: GET A LAWYER! GET A LAWYER! GET A LAWYER! GET A LAWYER! GET A LAWYER! GET A LAWYER! GET A LAWYER! GET A LAWYER! GET A LAWYER! GET A LAWYER! GET A LAWYER!

dan1978 said:

how should i be able to assault someone who should be 20 ft away at the original residence?...when im in the neighbors yard, my foot should never have the opportunity to kick someone...

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What? Seriously? You're going to use the defense of "I'm going to start kicking my foot here, and if your face ends up in the way, it's not my responsibility"?

Honestly... talking about your foot as if it's a sentient being will probably not help you cop an insanity plea.

dan1978 said:

I do not have a clean record. I have a simple assault (misd.) for a stupid bar fight. I have a felony forgery from 1998(i was 18years old) I have possesion of drug paraphenalia(marijuana pipe), 2 dwi's, and tons of driving infractions.

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Doesn't exactly make this look like an isolated incident, does it?

dan1978 said:

I realize i have made bad choices. And i have ALWAYS signed a plea bargain. This time i feel i tried to do the right thing...

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... by kicking someone in the face? I doubt the judge will agree that you "tried to do the right thing". And by the way - signing a plea bargain means jack squat as far as "good citizenship" is concerned. Saying that you accepted a lesser sentence when a greater one could've been prosecuted at the end of the day still makes you guilty of something.

dan1978 said:

I have a public defender and Ive seen him 3 times. When i do see him, he rushes me in and out of his office. He did the deposition of the doctor without even calling me before or after. When i asked for a copy, he had lost it. He not exactly giving me a lot of confidence in his abilities.

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Then contact the PD's office. If you are dissatisfied, it's your right to voice that opinion.

dan1978 said:

i have no family and very few friends. I grew up in foster homes and at 18 was showed the door. To a world i knew nothing about. I never adjusted well socially and have made a lot of bad decisions for myself.

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"A world you knew nothing about?" You mean you never once attended public school? Sorry, but willful ignorance doesn't go very far in a defense. Perhaps you need to spend a little less time coming up with a line to feed potential bleeding-hearts on the jury, and spend more time working things out with your PD. Insulting him or questioning his credentials isn't likely to engender much from him.

EDIT:
I did Google "Mike Mette" in Iowa, and came up with a Chicago Police Officer. Are you saying you kicked a former cop in the face?

wow...lots to respond to...
First to TheOccultist-

i failed to mention that as i was running to the neighbors porch, i was struck in the back of the head twice...and my shirt was grabbed which is why i have a ripped up shirt...THAT i would call the first attack... and about a lawyer, i have no money and my background doesnt exactly attract any media attention...which, admit it or not, we all know would bring lawyers outta the woodwork...the hat? i never assumed he was going for the hat...that seems to be a theory of the posters here on the thread... i assumed i was about to get tackled or something of that nature...i had milliseconds to digest the thought process of someone whos been yelling they are going to beat me for 4 mins straight.

im not sure the "first attacker" scenario applies in iowa... there is a jury instruction in this state with regards to "real or apparent danger"...it reads as follows: "The defendant was not required to act with perfect judgement. It is not neccessary that there was actual danger, if in the defendants mind the danger was real, actual, imminent, or unavoidable, even though it did not exist, that is sufficient if a reasonable person would hav seen it in the same light."

What? Seriously? You're going to use the defense of "I'm going to start kicking my foot here, and if your face ends up in the way, it's not my responsibility"?

Honestly... talking about your foot as if it's a sentient being will probably not help you cop an insanity plea.

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Dougthegreat- no i do not contend a wild foot swinging theory. i take the good with the bad...i admit kicking him and meaning to...what i meant was- if the alleged assault took place in the neighbors yard, and they all say they were "merely" trying to get me to leave, would you agree at that point i had technically left?...in which case this alleged victim placed himself willingly in a position to be kicked...

Doesn't exactly make this look like an isolated incident, does it?

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no it does not...take the good with the bad...for you to give advice i feel its important for you to have all the variables in play...if you were advising an actual client, you would probably want this information.

... by kicking someone in the face? I doubt the judge will agree that you "tried to do the right thing". And by the way - signing a plea bargain means jack squat as far as "good citizenship" is concerned. Saying that you accepted a lesser sentence when a greater one could've been prosecuted at the end of the day still makes you guilty of something.

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no, by getting off of their property, banging on the neighbors door, calling 911 and as a last resort yes kicking someone in the face...and about the pleas, maybe not good citizenship, but there is a thing called accepting responsibility so atleast give me that...and if the prosecutors felt that justice would not be served, then they could just as easily taken it all the way "to the end of the day. oh and i signed pleas for the forgery and the assault. so i took the "greater" sentence on more than one occassion.

Then contact the PD's office. If you are dissatisfied, it's your right to voice that opinion.

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aside from prosecutions failure to satisfy it's burden of proof, this is definitely high on the list of items i will be preserving for future possible proceedings. besides, he is the head PD in our region, and going to the state PD office will surely cause a riff that i can ill afford this late in the game.

"A world you knew nothing about?" You mean you never once attended public school? Sorry, but willful ignorance doesn't go very far in a defense. Perhaps you need to spend a little less time coming up with a line to feed potential bleeding-hearts on the jury, and spend more time working things out with your PD. Insulting him or questioning his credentials isn't likely to engender much from him.

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yes i did attend public school...and yes, ill agree that this statement is probably best reserved if/when there is a sentencing phase of the trial...i had A.D.D., was molested as an 8 year old, never knew my father, bounced around foster homes, lived with my mother a total of 2 years of my life, i was poor and wore "uncool" clothes and shoes, i would frequently do stupid things at the suggestion of more popular students because i thought they would like me...only now that im older can i reflect on these things for what they truly were...i guess with that statement i wanted to "balance" the criminal record with a little history cuz i feared once you read the record you mite be inclined to think its just "that guy" whose "causing trouble again". but i appreciate the fact that you based your advice on the evidence and not the circumstances of my youth. which is what i was after.
as far as the PD's credentials, no not really...more of me getting familiar with his experience...with 15 yrs of my life on the line why shouldnt i be a smart shopper. In fact most things i read about finding a lawyer say it would be idiotic NOT to ask.

I did Google "Mike Mette" in Iowa, and came up with a Chicago Police Officer. Are you saying you kicked a former cop in the face?

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no thats not what i said at all...i said the cases were very similar...Mike Mette was a chicago police officer who came to iowa to visit his brother. they went to a house party where they knew no one and an argument ensued. it spilled into the street and after heated exchanges, Mike punched, kicked and stomped someone into a coma. A website was formed, the entire police force was taking buses to iowa for court proceedings, mayor daly and state reps. from Ill. called our Gov., barack obama was even said to have made a statement(he later denied this). Television reports and newspaper articles. Mike was never touched and the appeals court said the prosecution did not prove that an alternative course of action was available to Mette. And that his statement "I thought that the guy was going to punch me so I struck first" was justification in committing the assault. Only a thought. Which ties into the "real or apparent danger" jury instruction i spoke of. Sentence was remanded and reversed.

I just want to say that i am humbled that you all would take time to read these threads and respond. If you are currently lawyers or studying to be, I realize how precious your time is. What a great service this is. And it's free? Very very cool.
Once again, any advice is appreciated.

I will be testifying on my own behalf as i have nothing to hide. I have told the same story as the other witnesses only they are minimizing their actions. So questions: Is my criminal record subject to scrutiny on the stand in front of the jury? If so, how will she(prosecutor) introduce it? Also, is the criminal records of the witnesses subject to the same scrutiny?

Thanks all

dan1978 said:

wow...lots to respond to...
First to TheOccultist-

i failed to mention

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Now what this looks like is you trying to later make up more details in order to try and make the case look better for you.

Look, I'm sorry, but a situation such as this needs more help than strangers on an internet forum. I hope things work out for you, but I just don't think anybody here will be much help for you.

Now what this looks like is you trying to later make up more details in order to try and make the case look better for you.

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Doug- i reported this the moment the first officer arrived on the scene... he testified to this in a sworn deposition...its part of the record and not made up...i have a million nuggets of info that i have kept from the posts...but youd probably agree they are in fact long winded already...it seems a lot of posters get their message across writing brief summaries...ive never been able to do that...since this would seem to be important, i guess it is silly that i didnt mention it...but believe me, it is well aware by both sides...and to whoever did it!...im also keenly aware of the number of threads that have replies asking for more more more info...again, to better help you advise me or give an opinion, i'd be happy to supply any and all info to anyone... i realize i need help and i have a lawyer, but it never hurts to get ideas from other law minds that may provide a little "jewel" that i or my lawyer may not have thougt of....like 99.9% of all defendants, i will have to prove my innocence verses have a preponderance of evidence find me guilty...

do you see reasonable doubt that i acted with malice aforethought? do you see where i may have felt i had reason to act after already having been acted upon and all signs pointed to it happening again?

anyone wishing to hear the 911 audio may email me at [email protected]

If you feel threatened the prudent thing to do is leave. I don't mean just go to the neighbor's house, I mean leave the vicinity entirely. You walk, and if they keep following you you keep walking, and if that doesn't work you run. And before you argue why you couldn't have done that, or shouldn't have had to--don't bother, because I don't care. And I don't mean that to be rude, I just mean it's not us you have to convince. I'm just trying to give you a little perspective.

All the convoluted facts you're weaving into your story are only obscuring the one simple point that really matters. Were you justified in kicking the victim in the face? If I'm on the jury, I say no. Physical violence is a last resort. But, I wouldn't be surprised if juror empathy worked in your favor.

Give your lawyer a break. For God's sake, don't insult the man! If you can't afford a private attorney he's all you've got, so make the best of it. Also consider that, while to you this is an extremely complicated issue, it might be run-of-the-mill for him. He's not going to spend a lot of time digging up the fact that one of the girls had her child in foster care.

dan1978 said:

Is my criminal record subject to scrutiny on the stand in front of the jury? If so, how will she(prosecutor) introduce it?

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Yes, and how it is presented is completely up to the prosecution. I mean, they're obviously not going to call the judge at 2AM and remind him that you've got a shady past, but you get my meaning.

dan1978 said:

Also, is the criminal records of the witnesses subject to the same scrutiny?

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Of course! If it is relevant, the defense should make sure the jury has as much knowledge as possible - and the character/criminal record of the person you're being charged for assaulting and who is testifying against you may very well be relevant. Of course, this would be up to your PD to decide.