Thursday, November 24, 2011

Defending against assault and battery case?

I was charged with assault and battery by a civilian. I am not quite sure how to defend myself in court, since I don't have an attorney.





Basically, at a small get together, my sister got hurt by falling through the ceiling 16 feet down. I ran up the stairs to wake my dad and ended up knocking someone down accidentally in the process.





Before anything else, this person had kinda supported themselves on their arms and began kicking at me wildly, mainly at the groin area. I reacted after being kicked several times by kicking the person in the legs one time. At this point, my dad came out and separated it all.





I went into my sisters room to see how she was doing ( she was completely knocked out by the fall before ). Upon opening the door and asking my sister if she was alright, this person came out of the room into the hall and began to throw punches at me. None landed, but after the second punch I had caught their arm, spun them around with it and used downward force to sit them on their butt. No additional force used and backed off from that.





As well, that person ended up calling the cops. Cops wouldn't charge me with anything, and not to mention I was in my own home. The plaintiff didn't live there. Also, cops asked that person if they needed a ride home, but refused. The person told the cops they didn't want drunk in public, and ended up staying several hours later that night. That person ended up walking home.





I figured this should be fairly easy to try, but this persons girl friend doesn't like me and I know when I get to court to expect to defend against some lies. I do have two witnesses, the other person will only have one.





My question, is how do I defend against this in court? Does the prosecutor ask my witnesses questions and in addition do I get to? Or does the plaintiff have to handle questioning without the prosecutor?





I don't think there will be a jury but rather just a judge determining this. If it helps, I could have crushed this person if I decided to use force. They are much smaller and weaker than I, but how do I convey my lack of force used?|||...you said that the Police did NOT file a charge against you...? Who is bringing the Charges...? (Subpoena the Police Officers who were at your house that night to testify in your behalf !) To have an Assault and a Battery, there must be an "intent" to do bodily harm... this sounds like a mutual affray... But sitting here and you there I cant glean a clear understanding how your being charged... Consult with an Attorney... the initial consultation is free... or talk;k with the Public Defenders Office of your County.

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