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assault 4th degree

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Need advice on how to understand the charges of assult 4th degree. A freind of mine has this charge aganst him. I understand that assault means intent to do harm, what if your intent was not to do harm, but to just remove this person off your property? You did grab this person to get him to move. So sence you did but your hands on this person do you still have to plead guilty? In the paper work the information that the plantiff stated was not all true, does that mean my freind can plead not guilt? He don't have the money for an attorney.


Ray H

First, tell your "friend" if he can't afford to hire a lawyer, one will be appointed at no charge. That's a Miranda right. Second, your "friend" is not guilty of anything until he's proven guilty *beyond a reasonable doubt* in a court of law. The police may have taken your "friend" into custody, and the district attorney may have obtained an indictment and/or filed charges, but, until the conclusion of the trial, nothing has been written in stone, so, your "friend" can change his plea to not guilty. That's also a right. If your "friend" felt he was threatened with emminent physical danger from the trespasser, he *might* be able to claim the use of justifiable defensive force. This is something your "friend" would need a lawyer's advice on in planning his defense for trial. Your "friend" NEEDS a lawyer. Whatever time he's got left prior to the trial date will be time the lawyer needs to plan your "friend"'s defense, file pre-trial motions, etc. This is often where a case is made or lost, so demand (for your "friend", of course) that a lawyer be appointed as soon as possible. If your "friend" is delusional enough to think he can successfully represent himself at trial, he probably has a fool for a client.

This is general, NOT legal advice. I am NOT a lawyer. You are NOT my client.

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