QUESTION
Do I have to plead not guilty to misdemeanor battery?
Asked on Dec 15th, 2012 on Criminal Law - New York
More details to this question:
Roommate and I got in fight. Nothing major but she got a tiny scratch on her face. Because of this Cop told me they had to label her the "victim" and me as the aggressor. Her boyfriend and her friends sided with her, of course, so I technically have three witnesses against me in the police report. I have not received a citation for court yet, but I foresee it. I am only 18, and I made a mistake in even getting in a fight (it was mutual), I admit it. I'm scared of pleading guilty because I am very involved in the community and this will harm my reputation. Roommate was going to drop all charges, but her parents showed up and demanded that she did not. Someone told me to wait because the prosecutor might just dismiss the case... someone else told me to file suit against her in civil court... I cannot afford a lawyer so I'm doing all this pro se. Any input is appreciated.
10 ANSWERS
1 Award
If you don't want this on your record, then yes, you should plead not guilty and fight the charges. Also, if the prosecutor does not dismiss the charges, ask the judge if you are eligible for a public defender. Depending on your income, you may be eligible for appointed counsel, which will make your chances of victory better.
Answered on Dec 19th, 2012 at 5:46 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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There is an old saying that "A person who represents himself, has a fool for a client". You are facing very serious charges which can result in up to 1 year in jail. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options. If you cannot afford an attorney, then ask the judge to appoint a public defender to represent you. Under no circumstances should you be representing yourself.
Answered on Dec 19th, 2012 at 12:57 AM
Michael J. Breczinski
First if you can't afford an attorney then you should be able to get a court appointed one. Second never plead guilty up front. You lose all bargaining power. A deal might be worked out where you end up with no record.
Answered on Dec 18th, 2012 at 11:53 PM
Your first court date will be your arrangement. At that time, you should plead not guilty. At that hearing or the next, the DA will give you an offer to change your plea to guilty. If the offer is something you can live with you can change your plea. If you cannot live with the result then continue the case. Before you get to the trial stage, get all your evidence and witness together. If you present a strong case to the DA, they will reduce the charges or dismiss the case.
Answered on Dec 18th, 2012 at 6:12 AM
3 Awards
You need to either hire an attorney or apply for one court appointed. Don't take this lightly. Get an attorney for sure.
Answered on Dec 18th, 2012 at 6:11 AM
Thomas Edward Gates
You have no civil case. Because there was visible signs on your roommate's face, the prosecutor does not need to have her or the other two witnesses to testify, e.g., all he has to do is show a picture of the injury. Because she is living with you, you likely will be charged with Assault 4, Domestic Violence (DV). Assault 4 has a low bar to proved. It is any offensive toughing. Try to work a plea that will drop the charge once you have completed the terms of the sentence.
Answered on Dec 18th, 2012 at 5:50 AM
Gary Moore
"Might" dismiss the charge. You should hire the person who gave you advice, if you want to look like a complete idiot.
Answered on Dec 18th, 2012 at 5:40 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Do not speak about this matter with anyone else, especially the police or prosecution until after you have conferred with attorney. Start saving your money and if you are charged hire an attorney to defend yourself.
Answered on Dec 18th, 2012 at 4:11 AM
You better cough up all the money you can gather and hire a lawyer, otherwise you will get a criminal record and be put on probation. These types of cases often involve a lot of he said she said, and they're hard to prove. But not if you show up to court by yourself and get duped into doing the first thing offered to you!
Answered on Dec 18th, 2012 at 3:54 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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If you are indigent the Court will appoint you a lawyer. You should not just plead guilty. Let your lawyer work. Most likely a good criminal defense lawyer can work something out that will not leave you with a criminal record. Assuming you have no priors, at worst you are eligible for Youthful Offender treatment so you will not have a criminal record.
Answered on Dec 18th, 2012 at 3:54 AM