How can I surpass an assault and 3rd battery charges?

Question

My mom and I got into an argument and it led her to grabbing my hair and pulling it hard. It hurts a lot so I snapped and swung, hitting her in the ribs. She called the cops and I was charged with assault and 3rd degree battery. I’m facing 30 days in jail and I know the judge won’t take it easy on me.

Terry Nelson · Answer

How can I surpass?

Gregory Crain · Answer

Self defense claim.

Mark Bruce · Answer

You are entitled to a public defender.  If you want to have a trial you are entitled to one.

Stephen Freeborn · Answer

You sound like you are claiming self defense. I do not know whether the court or jury would accept this. I would need to see the police reports and how seriously your mother was injured. Also, do you have any prior history of this kind of thing?  There are many issues that need to be sorted through.  For this reason, you need to consult with an attorney, who can look at all these things and advise you accordingly.

Gregory Casale · Answer

You should have an attorney and work with him or her to defend yourself on the charges. If you do not have an attorney get one. If you can't afford one the court will appoint one for you.

Steven Alpers · Answer

I am not sure what you mean by 3rd battery. There are not degrees of battery in California. If this is your 3rd case then 30 days is probably the best you will do.

Michael J. Breczinski · Answer

You need to get an attorney and go to trial. This sounds like self defense to me.

Nathaniel Shafer · Answer

Your best chance at getting a favorable outcome is to hire a talented attorney. Your attorney may be able to argue that the use of force was reasonable under the circumstances. Also, there may be avenues for getting evidence suppressed, depending on how the evidence was collected.

Michael Palumbo · Answer

You should claim self-defense.

Steven Fairlie · Answer

There is no secret formula that we can give you in a case like this. The best advice is to hire a good attorney.

Brian Wanerman · Answer

Use of force in self-defense is a defense to a battery charge. Consult an attorney right away.

Timothy Byrne · Answer

If mom refuses to testify or cooperate of her own accord, you may prevail.

Jonathan Baner · Answer

Sorry, but there are no easy answers. I'm sure you've hired a lawyer by now so make sure to cooperate fully with him/her. Self defense would be viable on your version of the facts. Where are you charged that has a 3rd degree "battery" distinct from assault?

Mark Smith · Answer

Ask for a jury trial and delay the process as much as possible.

Jeff Yeh · Answer

You won't be able to surpass anything, but what you can do is hire a good defense attorney to explore all the alternatives, including a dismissal of the charge.

John Brennan · Answer

Get a lawyer to represent you. It is unlikely the charges will be dropped even if you mother whishes them to be.

Larry Dunn · Answer

A person can use force to defend against a physical attack even against a   parent. The force must be reasonable and commensurate with the force  necessary  to defend against the assault. There is no such thing as 3rd degree battery or a 30 day maximum penalty in the State of Nevada.

John Jimenez · Answer

Get your mom on your side now. Without her testimony, the prosecution may have no case against you. Even if they do, her favorable statement to the judge on your behalf could convince the judge to go easier on you. Make peace!

Ernest Lee · Answer

Things happen. You should hire an attorney to smooth over this with the judge.

Jared Altman · Answer

You need to confer with your lawyer who knows all the facts.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

How can I surpass an assault and 3rd battery charges?

20 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer