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Need Advice on a Assault or Battery charge

  • Thread starter Thread starter The Saint
  • Start date Start date

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T

The Saint

Guest
Hello,

I am 27 years old and last weekend I had an altercation with my roommate who is 52. We were both intoxicated and have had problems for nearly six months. He verbally assaulted me and then proceeded to punch me in the mouth. I retaliated and hurt him pretty badly. He needed to have some surgery done due to damage done to his stomach. I did not use any weapon. Please do not think I am proud of this action I am quite ashamed of what has happened. He is still in the hospital and I was visited by the police on Friday. Now I also was treated by paramedics on the night of the incident.

I believe I will be charged with Battery and not assault as I originally thought because he was actually injured. Now what my question is, is will the fact that I was assaulted help me in prooving self defense? Will the fact that I was treated by Paramedics help that they can attest to my physical condition and state of mind? What can I actually expect to happen to me? The cop told me in person I could be expected to be arrested but he gave me an appointment to come in at noon this Monday.

If I am arrested how long will I be held what kind of punishment can I expect. How can I defend myself?

This all happened in New York City
 


T

The Saint

Guest
Well I am here to reply to my own question now that I have been through the process. I was arrested and never given my miranda rights. I was placed under arrest and charged with Assault in the second degree because of the extent of my roomates injuries. I was arraigned and bail was set at $10,000. Which I did not have .... I was set to be tried on September 11th as we all know there was a horrible tragic terrorism attack that morning which closed all courts and as a result my court date was pushed back ten more days. I was kept locked up the entire time and as a result lost my business and because of the situation I was given an order of protection barring me from returning to my own home. When I was finally brought to court I was basically given an ultimatum.... I could plead guilty and be given 5 years of probation or remain in jail for another month until another trial date where perhaps I could bargain the charge down ..... At the time I wanted to try to salvage my job and to just be free. Prision is not a fun place. ( Put that last comment in the Duh!!! File. )
I chose to take the plea and I have lost everything. This was after cooperating fully with the police and the kicker is this.... My probation officer is angry with me because I now do not have a permanant address and is threatning me about sending me back in.... I am fortunate some friends are giving me a night here or there but forever my record will be marred and I have lost everything I ever had.
The moral of the story is don't do anything stupid.... Think before you act.
Second ..... Cooperating with the police is a bad idea. They are not your friends. All they care about is the collar.
Third ..... Jail sucks ..... real criminals get locked up there and act like it's vacation ..... they get to learn all new tricks from other cons. It's real bad if your white like I am because you are treated as if you are better off according to the non white inmates as if your cell is any different .... I'm not racist but everyone I dealt with thought I had some money or connection that was gonna benefit me more then them. I didn't but that didn't change the perception. Had to take alot of abuse.
Don't end up like me ..... Stay out of trouble - The Saint
 

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