assault in SD

[innocentgirl86]

Two weeks ago I was having a party in my apt. My roomate had 5 of her friends come there at midnight to move all her stuff out. I had no idea she would be moving. I knew these people but really don't like them. So I told them twice to leave since my roomate wasn't there and it was tresspassing. I don't know if it was but.. This girl there was talking smack to me ever since she'd been there. Obviously it's gonna get a drunk mad. Then she walked in my room and I went in after her yelled at her and hit her with a 40 oz. bottle a couple times. Nothing broke, she didn't even bleed. I left then with my friends and found out the next day through mutual friends that there was a warrant out for my arrest because she filed assault. I moved out of my apt. a few days later so obviously the cops have no way of issuing me my warrant. Also i got charged with domestic abuse assault with injury last Nov. from hitting my roomate. I had 30 days suspended and no like offenses for a year. So is there any way I can get out of this?!

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Okay, I hope you don't think what you did in both those situations was excusable? You should never hit someone else with your fist or a bottle unless you are defending yourself from their assault on you.

As to your warrant, it is out there and guess what? Any little traffic stop or anything like that where an officer asks to see your ID and checks it, you are busted. Goin' to jail.

Now, there might be an argument that they DID trespass because your roommate was not there and they DID enter your room (which is out of bounds even to your roommate) and if they were violent in any way or you feared for your physical safety, then maybe. BUT, you won't get off scott free because you WERE the aggressor. It just may mitigate your claim and your sentence.

Seek a criminal defense attorney ASAP. Don't wait until someone arrests you on the warrant.

 

[innocentgirl86]

Thanks for the reply. Another question, shouldn't I wait until I get arrested before talking to a lawyer? Then the court will appoint me one right? Or if I get a lawyer now could I get out of the warrant and getting arrested? Also my first assault was in Iowa this one is in SD, will the jail sentence carry over? And yes I know it was wrong of me in both situations but I was drunk, not saying it's ok then but it happened.

 

[philly philly]

damn..i thought we only used empty 40 bottles in my neighborhood to smack somebody over the head with!..sounds like south dakota is gettin out of hand..haha
philly philly