Assault & Battery Did I Deserve this Assault charge?

[hjbejm786]

So back in January I Had an incident with my neighbor that all around did not end well for me. THe neighbor guy is a drunk and commonly has a group of random guys hanging around his front lawn getting drunk with him. One day i noticed a car parked in front of my home. Problems with my own car ment i needed this space, because it was on flat ground. I proceeded to leave a courteous note asking for it moved. Minutes later i noticed the note torn up on my lawn. I Went out and put a more stern note, not using profanity. Minutes later my neighbor was pounding on my door, as i opened it he began a a verbal tirade which he ended with "im going to get my gun you better hope you have yours." As he storms off. He knew i had a gun, i had actually hung out with them a few times and we showed eachothers weapons. I had ran out of cell phone minutes and needed to walk to the store to make a call because i had missed a bus out of town that day. I figured i would wait awhile to try and let it cool down. over an hour passes so i decide to make the walk. btw i had to walk cause my girlfriend took the car to work. As i maje the edge of the driveway i hear my neighbor cussing me out already. from the point i left my door to the time the incident happend i never stopped walking in my planned direction. as i passed him i noticed a group of men and women on in the yard all drinking beer. as i pass theyre house i am tellin this man to stop threatening me with guns, handle it himself if he wanted. i did have my gun on me, but i NEVER told him, threatend with it or brandished it. as i pass him and his people i look away, and in an instant some guy has run up on me. He is right behind me saying "whats in your pocket, give me whats in your pocket " as hes grabbing at my arm. I start to say "get away" when he tackles me and is on top of md slamming my head in the pavement. i can hear someone say "Get his gun! get his gun." it was either taken from my pocket or fell out, because i was trying to protect my head. he finally gets off me, and as i stand im dazed, my gun is gone and they are retreating. They had called the police and in a few moments after the assault they arrive. they all say i came out threatening to use my gun, and that i swung first. i was a bit out of it, and told the officers im licensed n the gun is registered. they state i seemed confused, and charge me with assualt. I dont have a violent crime against me, and just a few minor things on my record. Am i totally screwed? i only have a public defender and im terrified cause the trial will be soon. I NEED ADVICE!

 

[army judge]

Blabbing about this and that won't help. You're right to be scared, because if that's the story you told the cops, that's why you're going to trial.

You had a right to remain silent. You blew that by blabbing.
You had no right to an unreserved parking space near your apartment. You blew that by writing notes to idiots.
You have a public defender. That PD is being paid for by your neighbors, the taxpayers. You don't think you're being represented properly, you can request the court to appoint another PD. You are also free to retain and pay for your private lawyer.

The biggest problem for you is you blabbed. You had no right to post that note on your car. Carrying that gun, rather than calling the police also precipitated events beyond recovery.

You might not get any prison or jail time, because you probably had a pretty clean criminal record to get a carry permit. I suggest you allow your attorney to represent you, stop blabbing, and learn to cool down. Otherwise, it can go from bad to worse rapidly.

 

[hjbejm786]

I totally feel the same way. and thank you for your advice. Because they will more than likely lie in court. is this a matter of who the jury believes more? Do you think I have a chance in court? also, its says "assault" on my paperwork, how do i know which degree i could face, and could it be bad if i lose?

 

[army judge]

I totally feel the same way. and thank you for your advice. Because they will more than likely lie in court. is this a matter of who the jury believes more? Do you think I have a chance in court? also, its says "assault" on my paperwork, how do i know which degree i could face, and could it be bad if i lose?

You have reflected on these events and are showing wisdom.
Good for you, that's what the jury wants to see and hear, if this thing continues to trial.
One last bit of advice, if you believe you are innocent, don't accept a plea.
Only you can decide that, so keep thinking about it.

You might want to discuss diversionary programs with your attorney.
If your defense is weak, and you are faced by a bunch of thug liars telling wild stories about you, a deferred plea might be available.
That carry permit might never be reinstated.
You have a lot to consider, because if you are convicted, it could change many things in your lie.
Your landlord might even evict you.

It seems you are missing some information about your charge.
If you could tell me under which section of the law "assault" is cited, I could tell you more.
In Washington State, here are a few examples of assault charges and cites:

Fourth degree assault is a gross misdemeanor in Washington.
It is punishable by up to 90 days in jail. In the majority of cases, a fourth degree assault conviction results in probation.
Ref: RCW 9A.36.041

Third Degree Assault is a Class C felony.
This charge could carry burden you with up to 43 months in prison.
If you have a relatively clean criminal record, you may only face 1 to 3 months in jail, plus fines up to $10,000.
Ref: RCW 9A.36.031

Second Degree Assault is a Class B felony.
Someone with a clean criminal record convicted of Assault in the Second Degree often gets 3 to 12 months behind bars (usually nearby in your friendly county jail) upon conviction for this offense.
If you have prior convictions, you could be facing several years behind bars in an unfriendly prison often faraway from your home.
Ref: RCW 9A.36.021

Last, but not least we arrive at the grandmother of all assault charges, first degree assault. It is a Class A felony charge.
Even with a pristine criminal record, this charge carries 93 to 123 months behind bars (in that faraway, cold, unfriendly prison), plus heavy fines approaching $50,000.
Ref: RCA 9A.36.011

Assault charges, no matter the classification, carry with them a great stigma.
If you were simply charged with 4th degree assault and didn't ever harm anyone, having an assault conviction on your record gives the appearance of you being a violent criminal. That's a label you want to avoid at all costs.

 

[hjbejm786]

Ya i have had a few months to reflect and worry myself to death over the fact i had that damned gun on me. but honestly the gun is an ex-con and at the time i didnt know what he was capable of. i have looked at all my papers and all it says is "assault" and the case number. My main worry is the witnesses making me look like the psycho, and then gettin convicted. iv never missed court, and when i did somethin wrong i owned up. this time, i got lippy, but i kept walking.

 

[hjbejm786]

Oops, the guy* whom was threatening me, is ab ex-con of some sort i kno that. after this we even had to move.

 

[army judge]

Ya i have had a few months to reflect and worry myself to death over the fact i had that damned gun on me. but honestly the gun is an ex-con and at the time i didnt know what he was capable of. i have looked at all my papers and all it says is "assault" and the case number. My main worry is the witnesses making me look like the psycho, and then gettin convicted. iv never missed court, and when i did somethin wrong i owned up. this time, i got lippy, but i kept walking.

You have several things going for you, most of all no serious brushes with the law.

Discuss the things I suggested with your people's funded mouthpiece.
Public defenders are as good as other lawyers.
They want to avoid losing, that means you win!
Just remain calm, thankful, enthusiastic, and energetic.
Review all your documents and somewhere the exact charge and statute is revealed.
If you were ROR'ed or paid a very low bond, that likely means a misdemeanor.
If you were arrested, transported to jail, processed, and released; more than likely you got a tad lucky with a misdemeanor.
If you had to pay a bondsman $2,000, $2,500 or more; more than likely a felony.
See if you can access your case online and learn more about your charge.
Good luck...I think you'll survive this because you've already learned your lesson.

If it works out well for you, don't go after that darn carry permit.
Those things can get good people in bad trouble.