Assault & Battery Arrested for Assult with a Deadly Weapon

H

hilmargirl

New Member
Jurisdiction
California
Can someone come on to your property with the intention of "kicking your ass" and your afraid for your life she parks her car in the street the wrongway gets out of her car as shes walking up your sidewalk and gets 15 feet to where your sitting all the while shes swing her arms swearing and saying shes going to kick your ass I stood and grabbed a pipe that leaning against the house I pointed my finger at her and told her not to take another step and to get off my property at least 5 times I never raised the pipe I held it down in my left hand I started walking toward pointing my finger at her tell her to get off the property I never threatened in any way other than point my finger at her she got in her car and I went to shut her door she grabbed my right hand and pulled my arm into the car somehow in that comotion i tried to pull my arm free and with my left hand and somehow her window got broke I thought for sure she was going to roll my arm up in the window and drive off. My brother called me before this happened and i could hear her in the background saying she was going to kick my ass she called the cops after the window got broke and said I assulted we never touched each other until she grabbed my hand I went to jail and was charged with felony assult with a deadly weapon felony vandalism and terorrist threats. her intent to start a fight was clear before she got her because I heard her on the phone she was not invited to my home in fact her and I never liked each other she came on my property without being invited I never used the pipe in any threatening way I was holding it I never hit her she was the one who grabbed me first I was afraid for my life when she got out of her car can the police really get away with charging me with such serious charges?
 
You have the absolute RIGHT to request a public defender and to remain silent.

None of what you posted exonerates you.

What you posted inculpates you.

Stop talking about this, allow your lawyer to defend you.
 
thats what you all say but never have been put in such a situation 1. She had bought a different car so I didnt reconize it was her at first 2. she ran up my sidewalk not the casual stroll and it all happened in the span of a minute. This woman came onto my property uninvited with the intent to do harm to me in the laws eyes and yours just because a grabbed the only thing next to me in case I needed to defend myself that by the way I never held in a threatning manner nor did i hit her with it she responded to me pointing my finger at her car and telling her to get off my property or should i have just sat there and let her kick my ass on my own property and with no provotion ? when she got in her car i closed her door and thats when she tried to pull me through the window why isnt that assult???
 
Just because you pick up a weapon doesnt mean your going to use that weapon I picked it up to make a statement to her that if shecontinued to approach me in the manner in which she was didnt stop and get off my property I was prepared to use it if my intentions were to beat her with it I would have done that when she was 10 feet away from me on the porch dont you think?
 
Here is a thought. Was the car on your property? If someone had closed the car door of another person for that person's "benefit" one would have to ask why that even took place and whether that is what was grabbed first and precipitated the circumstances. In addition, there is the question of where that action took place, in the street or on your property. It doesn't suggest a person who was frightened silly.
 
hilmargirl said:
This woman came onto my property uninvited with the intent to do harm to me in the laws eyes and yours just because a grabbed the only thing next to me in case I needed to defend myself
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You should stop defending yourself.

Each time you comment, you only admit more guilt.

This is why lawyers advise clients to NOT discuss their case.

Your entry upon the sidewalk took you OFF your property.

Once you reached the area between the sidewalk and public roadway, you're very much onto public property.

Your attack upon anyone at that point took your self defense claim away and you became the aggressor.

Had you defended yourself starting on your porch, and she retreated to her car, you would also no longer be acting in self defense.

You need a lawyer.

Until you obtain one, for your sake, please remain silent.
 
OMG people I never touchedor attacked that woman she grabbed my hand and pulled me up to my shoulder through the window I have the bruises to proove it Im done here Im getting a real lawyer thanks for all your stupid advise and saying things I never said are you sure your not all cops in here have a great day
 
We all admit we don't fully appreciate what happened. I'm sure you weren't charged with terrorist threats but I do understand the assault with a deadly weapon and vandalism charges. I'm glad that you're going to hire a criminal defense lawyer because you really should have one. Getting arrested for a domestic incident means that something happened which led to a police officer deciding to arrest and charge you with a crime - and it's unusual that it was at or on your property. In many domestic disputes there won't be arrests, just warnings.

You don't need to answer these questions and they will likely be discussed with your defense lawyer. Certainly a judge is going to wonder whether the other woman arrested and, if not, why not. My assumption is that you mentioned that the woman's car was parked on the street. The window was shattered as a result of some altercation. That means that there is proof that there was physical contact occurring away from your property and in the public area. We don't know what was in the police report. It is possible that the police officer may have believed you left your property to pursue a fight and didn't think that fact supported your claim about how scared you were. However, it will be up to a prosecutor to prove these charges against you and may not be able to make their case.

For all we know you could be 100% accurate in telling your story. The only thing to appreciate is that you've been charged because an officer made a judgment based upon his understanding of what happened and the evidence he saw. And this means you should probably stop trying to explain yourself to anyone else but your criminal defense lawyer.

Good luck with your defense.
 
Were there no neighbors or other witnesses to this commotion who can confirm your account of events?
Having been arrested for the offense is the least of your worries- being convicted of the offense is what you need to avoid.

You have bruises. Did the police get photos of these bruises and document your injuries?
Did you make any statement to the police after you were arrested, attempting to explain what had happened? I suspect you did, and it is likely your own comments that will be used against you.
With legal counsel you can undo the damage that has been done. As you describe it here, I suspect that ultimately there will not be sufficient evidence to proceed with the charges against you.
 
You are cracking me up lady.... So you just think that we are stupid? You were standing by YOUR house. Then you didn't have time to retreat into your home to call 911. Yet you had time to grab the pipe and get to HER car in the middle of the road. Interesting.....
 
No need for us to make anyone uncomfortable. I'm sure it was an emotional situation and that some of the facts will be raised by the prosecution and a police officer should it ever get that far. Hopefully these will be small lessons learned and people will be able to move on with minimal damages.
 
hilmargirl said:
thats what you all say but never have been put in such a situation 1. She had bought a different car so I didnt reconize it was her at first 2. she ran up my sidewalk not the casual stroll and it all happened in the span of a minute. This woman came onto my property uninvited with the intent to do harm to me in the laws eyes and yours just because a grabbed the only thing next to me in case I needed to defend myself that by the way I never held in a threatning manner nor did i hit her with it she responded to me pointing my finger at her car and telling her to get off my property or should i have just sat there and let her kick my ass on my own property and with no provotion ? when she got in her car i closed her door and thats when she tried to pull me through the window why isnt that assult???
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I have been put into a position I feared my life and I called 911 when I got the chance to do it after escaping from my abuser.

It's not because you grabbed a pipe - it's the breaking her window and she reported assault. That doesn't mean you'll be found guilty. Get a lawyer - if you can't afford one request a public defender and let them defend you in court.

No you didn't have to "sit there and let her kick your ass." You could have ran inside once you saw it was her, locked the door, called 911 and they would have heard her while you were on the phone with them.

We can't tell you why the charges were filed the way they were. Get - a - lawyer.
 
hilmargirl said:
OMG people I never touchedor attacked that woman she grabbed my hand and pulled me up to my shoulder through the window I have the bruises to proove it Im done here Im getting a real lawyer thanks for all your stupid advise and saying things I never said are you sure your not all cops in here have a great day
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How many people told you to get a lawyer? Did you not read the disclaimer at the bottom of this page? Here I'll help you: Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
 

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