4th degree assault

[amitch70]

What is the name of your state? Kentucky
I went to my daughter's house to help her remove her abusive boyfriend. While there he and I began to argue. He was heading to the back of the home towards the back door. I told him that since he had the guts to threaten a woman try threatening a man who is standing in front of him. He denied the threat and I called him a liar and a punk. He took a swing at me and I shoved him out the back door. I made an attempt to close the back door and it sprung back open. I assumed he stopped the door from closing so I stepped out outside to get him away from the door. When I stepped out his friend jumped me from the side and they both began hitting me. I somehow got one off my back and hit the other in the face and was able to get away from them as I re-entered the home. Someone yelled the police are coming and they both ran. We have all been charged with 4th degree assault. While speaking with the police, both of them were yelling that I pulled a gun on them but there was no weapons involved. I can obtain an attorney and more than likely will but would like some advice regardless.

 

[LdiJ]

What is the name of your state? Kentucky
I went to my daughter's house to help her remove her abusive boyfriend. While there he and I began to argue. He was heading to the back of the home towards the back door. I told him that since he had the guts to threaten a woman try threatening a man who is standing in front of him. He denied the threat and I called him a liar and a punk. He took a swing at me and I shoved him out the back door. I made an attempt to close the back door and it sprung back open. I assumed he stopped the door from closing so I stepped out outside to get him away from the door. When I stepped out his friend jumped me from the side and they both began hitting me. I somehow got one off my back and hit the other in the face and was able to get away from them as I re-entered the home. Someone yelled the police are coming and they both ran. We have all been charged with 4th degree assault. While speaking with the police, both of them were yelling that I pulled a gun on them but there was no weapons involved. I can obtain an attorney and more than likely will but would like some advice regardless.

You need to get an attorney involved. Speak only to your attorney.

 

[commentator]

Agree. Get the attorney. Drop this rehearsal of getting your facts straight, how you're going to sell the story, as you are trying to do here. I said, then he said, then I said, yada yada yada. As I heard a person say once, after they'd thrown a bone splitting punch, "I gestured toward him, and he shoved me away and locked the door!"

Stop discussing this case right now with anybody including your friends and family members. Let your attorney do the talking for you in court, regardless of what the other parties say.

And accept something unpleasant that may happen. You may spend the rest of your life dealing with this abusive boyfriend, he may at some point become your son in law and the father of your grandchildren. Your coming to her defense is not really so helpful, I suggest that next time, if she chooses to get re involved with this boyfriend, instead of Daddy with a punch or a gun, she contact the local law enforcement officials. And you need to tell her this plainly. If she's not willing to accept this, when this situation is over, you need to back away from her relationships.

 

[quincy]

A 4th degree assault can be charged whether a weapon was involved or not. It is a Class A misdemeanor.

Here is a link to Kentucky's law:
http://www.lrc.ky.gov/Statutes/statute.aspx?id=19730

You say you have the ability to hire an attorney. Good. The attorney may be able to keep the misdemeanor off your record, if this is your first offense.

The advice from others is good advice. Speak to no one but your attorney. What you say to your attorney is privileged.