Assualt & Battery, Dom. Violence, pressing charges

[Aaron1127]

edit: I apologize for the post's length. I was face with a dilemma between length and giving details. After reading several posts prior to making my own, I decided length was the lesser evil.


Currently, I'm charged with two crimes, Assault and Battery, and Domestic Violence (A+B case is in Pre-trial/Domestic Violence Case has upcoming arraignment). Both cases are intimately related. The situation involves me and four generations of my girlfriend’s family (my girlfriend & her daughter, my girlfriend's mother and grandmother). I'll try to identify each one by referencing their relationship to my girlfriend. Also, I've lived with my girlfriend and her daughter (I’m not the father) for six years, however the house is mortgaged in her name and there's a long standing grudge-match between my girlfriend and I, against her mother and grandmother.

In December '02, my girlfriend and her mother where arguing and my girlfriend told her to get out several times (she had come in because the door was unlocked, but was not invited). I entered the argument and told her the same thing several times. I picked her up, carried her to the front porch, set her down, and went back inside.

She made a police report, resulting in my Assault and Batter charge, indicating that I slapped her and tossed her out of the house. Neither is true. I've pled not guilty & haven't made any statements to police or prosecutor.

A week after the incident (in January 03), my girlfriend's daughter refused to get off our PC in our bedroom at her bedtime. I shut the power off to the PC and told her if she didn't leave, I would carry her downstairs. She didn't leave and I did pick her up and carry her only to the stairs where she walked the remaining way.

She called my girlfriend's mother crying, and my girlfriend's mother called the police telling them I was assaulting the girl (who is twelve years old).

When the officers arrived, my girlfriend's mother and grandmother were with them. The grandmother hit me in front of the officers. I indicated I wanted to press charges. Even though the consensus among the officers was that no Domestic Violence occurred by me against the girl, I'm being prosecuted for that too!

The prosecutor has refused to prosecute my girlfriend's grandmother for hitting me in front of officers.

Here are my questions:

1-I'm willing to plea bargain in the case when I get an attorney. But not to Assault and Battery because it'll prevent me from going to nursing school. Is there a reasonable lesser charge that I can propose?

2-I think it’s odd the prosecutor won't prosecute my girlfriend's grandmother for hitting me in front of officers but 'will' prosecute me for allegedly slapping my girlfriend's mother. Is there a way I can get a judge to compel the prosecutor and have the case prosecuted?

3-I don't know the definition of trespassing for michigan. But I have clear authority in this house to give consent for entry, or notice to leave. What actions can I (or a homeowner) rightfully take to end a trespassing?

4-The prosecutor and judge both believe I've slapped her. I've remained silent, but I want to tell them the truth, and my girlfriend is witness that I never hit her or injured her. However, I did touch her in a nonconsensual way. How do I fight these charges without saying, "Hey, I didn't assault her that way, I assaulted her in another way"?

5-Did I assault my girlfriend's daughter?

6-Can we have my girlfriend's mother prosecuted for trespassing?

 

[Kane]

Aaron,
You can't force the state to prosecute or not prosecute someone. They have what's called "prosecutorial discretion."

What you're saying here is that you're living with people who're willing to lie to the police, and possibly commit perjury in order to get you arrested for and/or convicted of things you haven't done.

This is a terrible mistake on your part. You're depending on a judge or jury to believe your side of the story rather than the "victims" in these incidents. Hopefully they will. In the meantime you need to move out and separate yourself from these people, because every time you get arrested you make your situation worse.

 

[Aaron1127]

Kane,

I'm sorry I gave you the wrong impression. My girlfriend and I , plus her 12 yr old have lived together for six years. My girlfriend's mother (the one making the charges against me), and my girlfriends grandmother (the one who hit me in front of police officers) live in a house together as well, but not ours.

Also, I haven't been arrested at all. When the police were at my house, they said there was no evidence of Domestic Violence. Apparently, the prosecutor believes there is. I can't get around the fact that the prosecutor has a relationship with the woman making the charges against me. And that is the reason he won't bring charges against her mother for hitting me.

About this prosecutorial descretion. Is it really so? Can someone be assaulted in front of cops and a prosecutor still refuse to bring charges against them? If so, this is a total travesty of justice. It's literally making me sick. It seems as if I have to sit and watch this railroad happen.

You have given me the impression that a judge will believe the 'victim' for the sake of her making a claim. Doesn't the prosecution have to prove I slapped her (which is impossible since it never happened). I get the impression she'll take the witness stand, make fascinating claims, no other witnesses testify and the jury/or judge goes "Yep, he's guilty". Really, is a victims claim proof of what's being claimed?


Also, isn't it a conflict of interest for this particular prosecutor to prosecute me in one case, and refust to prosecute somone that hit me in another? Especially consider the alleged victim in my case is the daughter of my attacker in the one he refused to prosecute.

 

[didntdoit]

I know how you fell I am going through something similiar. I have been going back and forth to court for over a year now. I was sentenced to 6 months in a parish prison and after 10 days the judge let me out when I filed for a reconsideration. I go back to court June 2nd and hope thats its over with then.

 

[Kane]

Defendants are entitled to the presumption of innocence, and the state (the prosecutor) is obligated to prove its case beyond a reasonable doubt.

These are the legal standards, but in practice it doesn't always work that way. Some people feel more sympathy for a "victim" than for a defendant, and some people automatically discount the testimony of the accused, because they think the accused has a reason to lie. (He doesn't want to be convicted.)

If you're not living with the people who're accusing you of crimes, that's good. You should do everything you can to avoid anyone who's ever accused you, because every time you pick up a new charge your legal situation gets worse. It's much easier to dispose of one case favorably than two or three or more. And it's easier to win one trial than to win one and then another one.

A victim's claim is proof of what's being claimed. It's sometimes called eyewitness testimony. Your lawyer's job will be to try to discredit, or impeach, that testimony.

If the prosecutor is having a relationship with one of the complainents, that sounds like a conflict of interest to me.

Do you live in a very small town?
And, does the 12 year old girl say you assaulted her?

 

[Aaron1127]

Kane,

I live in a small city with about 30k population and just over 10k homes.

While the police were here on the call, the 12 yr old told them exactly what happened--that I carried her partially down the stairs and didn't hurt her (or have ever hurt her)--despite being lead by the police( for example: "if he hurt you, we'll take him away right now").

However, she later talked with a detective about the incident privately and I don't know what she said then.

Her mother (my girlfriend) was present, and although didn't give me permission at the time to remove her from the room, has requested I do similiar things in the past. She's indicated she would have done the same thing if she were able to. Once she ran away late at night and I carried her kicking and screaming back to the house because her mom couldn't catch her.

I heard two different definitions of assault and battery for my state (MI):

1-The non-consentual touching of another person &
2-The non-consentual touching of another person with intent to do or resulting in injury.

She says I picked her up, and that she was struggling against me. Even I say as much. So if #1 is the standard then yes. If #2, then no.


I don't think the girl will lie to get me in trouble, especially since she hates police & government (for no apparent reason), but I could be wrong.

The arraignment for this case is coming up. If both the girl (the "victim") and her mom show up and explain things in a favorable manner, is it possible the judge will dismiss this case?

 

[Kane]

A judge wouldn't just dismiss the charges at any kind of initial appearance where I live - or even listen to what anybody had to say about the facts of the case.

But your situation sounds unusual. I'm surprised you were charged, but not arrested. Is that common where you live?

 

[Aaron1127]

Kane,

In michigan, if there's a domestic violence call and any evidence at all, someone must be arrested. In this case with the girl, the police not only said there's no evidence of domestic violence, they told me they have no idea why there was a call to boot.

The officer in charge, or the one that seemed in charge talked with me afterward everything settled down and apologized for having to barge in our house. He took time to explain its necessary when there's probable cause of an crime taking place and that's understandable.

The girl called her grandmother to complain about me being mean to her. The grandmother called the police. I suspect, somewhere along the line the grandmother used her influence to further this charge, and have the charges where I was hit swept under the carpet.

I think, I'm going to get screwed and I dont' have any money to do anything about it.

 

[Kane]

Look and see what the law in Michigan is on assault - usually "assault" requires at least that you cause pain to the victim.

Can you get a copy of the charging instrument?

Find out where criminal records are kept (some version of the "County or District Clerk's Office) and ask for a copy.

That'll at least tell you what you're charged with.

If it's a jailable offense - an offense you can be sentenced to jail time for - you're entitled to an attorney free of charge if you really can't afford one on your own.

 

[Aaron1127]

Update.

The first A+B charge is going to bench trial. I've got myself an attorney that believes I can use a defense called an "affirmative defense". According to him, I can use necessary force to end someone's trespassing on my property, especially since they were notified to leave and failed to do so. Also, that I took extrodinary care not to hurt the woman helps, according to him.

The domestic violence case was dismissed. The judge indicate I have reasonable authority to remove the 12 year old from my living space. He even commended me on my restraint and scolded the police, and prosecutor for bringing charges against me. W00h00!

Thanks, for all the responses, I'll update on the outcome of my other case.

Aaron