Assault & Battery Assault in the 3rd - Probability of prosecution

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jjj333

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Hi,

I have a clean record & carry a CCW permit. On 10/28/14 I was assaulted by someone I knew. The individual who carried out of the assault on me has 2 prior felonies and about 3-4 non felony charges. I believe some of these 3-4 charges were felonies that had been lowered to non-felonious charges. I don't know his entire record point-for-point, but he is a scumbag and has no zero regard for anyone (his record proves it).

The last charge this individual had placed on him was for carrying a gun in NYC (illegally of course). The judge dropped the case against him and told him that if he ever made it back into the court room, the judge would put him away for a very long time.

The individual who carried out this assault is a friend of of a friend. On 10/28/14, at night-time (about 10:00 pm), I was approaching the rear door of a 2-unit home and upon reaching the door, I noticed a man standing in a corner that was adjacent to the door. Immediately upon seeing & recognizing him, he jumped out and assaulted me. I did not have my CCW on me at the time & it would of done no good. I was caught completely off guard and the attacker was about 5 feet away.

He was trying to hold me down (unsuccessfully), but had punched me in the face during the process, about 20 some-odd times. I got up about 5 times and was able to run & get away from his reach. I outran him and he left. He stole my car keys in the process, so instead of being able to jump in my car and do something, I had to get immediate help. Police don't show in the area for about 2 hours on home invasion calls, so calling 9-11 immediately was not an idea in my head.

I barged into the lower unit asking for help & to get weapons incase he came back. The individuals in the lower unit all know me & there was about 8-9 people in the lower unit of the residence. They saw blood pouring from my nose and some minor bruises on my face - these would be witnesses to my bodily damage, but not the incident itself. I did not suffer serious injuries, although he was seriously trying to hurt me.

In all actuality this man was trying to kill me as he stated it in in previous text messages & voicemail messages to both myself & another friend of mine. The voicemails have been deleted, but there are text messages that currently exist, stating he was/is going to kill me.

MY Questions are:

Is there anyway this case could potentially be bumped upwards from 3rd degree assault? Given his previous record & text messages, would this have any effect?

What is the probability he will get charged? I have one eye-witness from the upper unit who has a family-court order of protection against the defendant, but the defendant has visitation rights on a child in the residence. I also have the fleet of witnesses from the lower unit, who had seen my immediate injuries, but did not see the incident.

What's the probability of a multi-time ex-felon placing charges on me with false claims? This individual is now trying to place false charges on me. He has apparently stabbed himself in the meantime and is going to claim that I stabbed him. I don't think his claims will go very far given his record, but it has me a little concerned.

I am not going to get a lawyer for this case, rather just use a public defender. This guy isn't worth the time or money for a lawyer.
 
Color me confused. The normal procedure is you call the police and file charges. If you do not, it is possible he will and file them against you. It appears you are trying to hide something in the story.
 
Tell it to your lawyer.
A public defender is a lawyer.
You and your lawyer should work together to determine your legal strategy.
Good luck.
 
I agree with disagreeable that we probably don't have the whole story here. Your best bet is to talk to a lawyer.
 
You were beaten severely, barged into a residence with 8 or 9 people in it, and it did not occur to ANYONE to call the police??? You go in and seek to ARM yourself? What was this place, some sort of an opium den??

And why would you need an attorney? You say you will work with a public defender because the other guy is not worth your getting an attorney. But, unless YOU are charged with a crime, you do not need either one!

So, I concur with those above and believe there is more to this tall tale. If not, and you are a genuine victim, call the police immediately! Give them the names of the suspect and all those witnesses in the unit you barged into so they can testify as to your disheveled and beaten state.
 
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