What is the name of your state (only U.S. law)? Texas
I'm facing Assault Charges against a girl, I'm only 16 so its a misdemeanor, but I still don't want it on my record, because here's the issue - I didn't do it. I've already been expelled from the school I was attending out of district, and the only thing I can fight now is the assault charge.
The story goes like this!
I'd heard a rumor about a girl sleeping with one of my best friends, so around 4:45 after school last Thursday I went up to her and being the direct person I am, asked her if she was sleeping with him.
She said yes, and let me tell you, she seemed very proud of it.
Directly after this she said "Oh, so I heard your mom died Joey.." and I'm like "yes."
She asks me how, I say drugs, she looks me in the eye and says,
"Oh, well if I had a kid like you'd I'd probably kill myself too."
Not wanting to lose my temper and make this physical, I looked at her, called her a wh***, and walked away..
about 10 seconds and 10 feet later, I hear the quick tap of shoes running across the floor behind me, and turn to find this little girl FLYING across the hallway at me, fists raised.
I had no idea how to react to the situation, so I did what my brain told me to do - covered my face/body, leaned back and STUPIDLY put my foot up. She ran into it, kept going, bending my leg, and hit me twice in the chest.
I laughed and walked away when it was over, thinking nothing of it.
The next day I'm called it, told that my language towards her was completely inappropriate and I was having my Open-Enrollment revoked. So basically I was expelled.
The cop came in and charged me with assault saying the parents wanted to press charges, and that I was "lucky I wasn't being charged with sexual harassment."
I asked "What about her?!" and he was like "there's nothing to charge her with! Now I don't know about you but in my house, NO ONE talks to girls that way! I don't know what could have possessed you to speak to a young lady like that."
I know it was wrong of me to question her sex life like that and I regret it, but it doesn't mean I should get charged with assault for it!
According to the officer and principal, on the security camera she ran after me, and I turned, walked forward and knee'd her as she reached me. It did not show her hitting me in any way, and I was being charged for kicking her.
The officer warned me that if I pled innocent the whole court was going to hear what I had said to her (asking if she had slept with my friend, and calling her a whore), but even after I tried to tell the officer what she had said to me, they both had no interest.
So apparently I'm going to court with the camera against me, the police officer and principal against me with camera footage I wasn't allowed to see, and I'd like to know some of the do's and don'ts with being in court.
Apparently the only way to see it is if I have a lawyer to supeen? sapeen? surpeen? something it for me. I need a lawyer to get it from them, but I thought I was allowed to see anything being used against me? 5th amendment and all that.
My issue here is that I tried to walk away, she ran after and ran into my foot. According to her she was trying to tell me to leave her alone, and now I don't know about you but I don't have to be within kicking range to tell someone to leave me alone, especially after they're already walking away.
I know my first mistake was talking with the officer present, as he can't be convinced of my innocence and it's not up to him. My second mistake was talking without waiting for my parents to get there first. So now, I'm looking for some advice.
I tried to walk away, and keep it verbal. She made it physical and now I'm paying for it.
I'm facing Assault Charges against a girl, I'm only 16 so its a misdemeanor, but I still don't want it on my record, because here's the issue - I didn't do it. I've already been expelled from the school I was attending out of district, and the only thing I can fight now is the assault charge.
The story goes like this!
I'd heard a rumor about a girl sleeping with one of my best friends, so around 4:45 after school last Thursday I went up to her and being the direct person I am, asked her if she was sleeping with him.
She said yes, and let me tell you, she seemed very proud of it.
Directly after this she said "Oh, so I heard your mom died Joey.." and I'm like "yes."
She asks me how, I say drugs, she looks me in the eye and says,
"Oh, well if I had a kid like you'd I'd probably kill myself too."
Not wanting to lose my temper and make this physical, I looked at her, called her a wh***, and walked away..
about 10 seconds and 10 feet later, I hear the quick tap of shoes running across the floor behind me, and turn to find this little girl FLYING across the hallway at me, fists raised.
I had no idea how to react to the situation, so I did what my brain told me to do - covered my face/body, leaned back and STUPIDLY put my foot up. She ran into it, kept going, bending my leg, and hit me twice in the chest.
I laughed and walked away when it was over, thinking nothing of it.
The next day I'm called it, told that my language towards her was completely inappropriate and I was having my Open-Enrollment revoked. So basically I was expelled.
The cop came in and charged me with assault saying the parents wanted to press charges, and that I was "lucky I wasn't being charged with sexual harassment."
I asked "What about her?!" and he was like "there's nothing to charge her with! Now I don't know about you but in my house, NO ONE talks to girls that way! I don't know what could have possessed you to speak to a young lady like that."
I know it was wrong of me to question her sex life like that and I regret it, but it doesn't mean I should get charged with assault for it!
According to the officer and principal, on the security camera she ran after me, and I turned, walked forward and knee'd her as she reached me. It did not show her hitting me in any way, and I was being charged for kicking her.
The officer warned me that if I pled innocent the whole court was going to hear what I had said to her (asking if she had slept with my friend, and calling her a whore), but even after I tried to tell the officer what she had said to me, they both had no interest.
So apparently I'm going to court with the camera against me, the police officer and principal against me with camera footage I wasn't allowed to see, and I'd like to know some of the do's and don'ts with being in court.
Apparently the only way to see it is if I have a lawyer to supeen? sapeen? surpeen? something it for me. I need a lawyer to get it from them, but I thought I was allowed to see anything being used against me? 5th amendment and all that.
My issue here is that I tried to walk away, she ran after and ran into my foot. According to her she was trying to tell me to leave her alone, and now I don't know about you but I don't have to be within kicking range to tell someone to leave me alone, especially after they're already walking away.
I know my first mistake was talking with the officer present, as he can't be convinced of my innocence and it's not up to him. My second mistake was talking without waiting for my parents to get there first. So now, I'm looking for some advice.
I tried to walk away, and keep it verbal. She made it physical and now I'm paying for it.