Classy1
06-05-2005, 08:34 PM
What are the statis of this charge, c felony, or misdemeaner? I was attacked. Hit firist by the guy pressing charges. He has witnesses that say I swung first, they wern't there when it started, but lied, they came in at the end. My girlfriend was there and it was her brother that hit me first. He was chest bumping her with a nine month baby girl in her arms. I stepped between them and he started swinging. She told the Cops that he started hitting me first. They didn't listen. He's a big shot in town. I just protected myself. Pinned him so he couldn't hit me no more. Cops arrested me because I'm an out of towner and had no visible marks on me, they didn't look at me. They were body blows and I was brusied good in my chest and arm. His was a few scatches on his face and red marks. . He has assault records from previous times, I don't. What is going to happen to me? I have a public defender. Are they any good or just go through the motions. I have a couple other small charges also. What good advice have you got for me? Do I have a chance of beating this?
elklaw
06-06-2005, 05:53 AM
See other reply. Self defense motion to dismiss, or diversion agreement - your best options at misdemeanor level if diversion agreement.
sunnyday29
06-07-2005, 09:32 AM
My brother was involved in an assault, but was "punched" first by the person pressing charges against him. The guy claims my brother hit him with his car. My brother says after the guy hit him, he defended himself and then tried to leave to get away from the scene and than accidently hit him with his car. My brother left fearing arrest because he has bipolar disorder and his greatest fear is being locked up and having suicidle thoughts of death.
Upon going to the police station, officers told my familyt that my brother was not able to go in and press charges without being arrested himself. This man walked in with no injuries, smiling and looked fine, pressed charges but was not in any trouble. My brother sustained a broken ankle, and knee injuries. What can my brother do to help himself at this point. And since he has a known and documented disability, what are his rights? We live in New Mexico by the way. Does anyone have any information? :