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savings45678's avatar

I recently pressed charges for assault. What should I expect on the court date? I'm nervous?

Asked by savings45678 (149points) March 13th, 2014

I was assaulted and filed a police report. My DA (or ADA) has been really passive and a novice; he has not followed up with me or the police to request pics of the incident. He seems nervous. I’m also nervous because i’m not sure what to expect on the actual court date and not sure whether I should retain my own attorney.

Furthermore, I wonder if the other side can retaliate and press charges against me. The way I see it, his attorney works for him and my DA works for the state and not necessarily for me. I was told it would be a misdemeanor and all charges would be erased after 1–2 years of obeying a restraining order.

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7 Answers

Coloma's avatar

Well…you need to provide any proof, photos, police reports etc. for your own best interests. Most likely the offender will not be subjected to the maximum punishment, fines, community service, anger management or whatever the judge decides, if it is a first time offense.
If YOU, in ANY WAY, initiated the aggression, well….again, without witnesses or a video or photographic record of the incident, it will be your word against the other party.
Impossible to say and a judge can do whatever they want, regardless of what you think about it.

If it is a first time situation you can not, nor should you, expect a harsher punishment than the law designates for a 1st time offense.
2 years of something like this following around another person along with a restraining order, IS, plenty harsh enough for a 1st offense, regardless of what you think or how lackadaisical you think your council is.

zenvelo's avatar

Don’t get your own attorney, he can’t represent you in court.

DAs prefer to plea bargain rather than go to trial. But you may not find out about that until the actual day of the trial.

CWOTUS's avatar

A continuance, unless a plea deal has been worked out ahead of time. You don’t need an attorney; it would be a waste of your money.

trailsillustrated's avatar

Most courts have workers to help support you as this goes to court. They will keep you away from your attacker during the testimony phase and help you get through it. Your attacker will have to do some time, attended strict classes, be on probation, and pay lots of fees. They can’t press charges against you, but if for any reason the court believes you did something? ( I don’t know why you ask if they can turn around and charge you!) – the charges would just be dropped against your attacker.

Dutchess_III's avatar

I’m curious to hear the details of the assault.

Unbroken's avatar

The state filed dv assault charges for me. I would have any way but because of the laws I didn’t have the option. The calender calls were ridiculous. Each side can postpone 3 times is what I was told and judges could too. Most of the time I double checked but once I forgot to and showed up just to find the thing had been rescheduled it took 9 months and they worked out a plea deal one day before. The troopers took down my statement incorrectly and they all filled in blanks differently I wanted to correct them but they did have the pictures and estimates so I never did push… I did ask to be present just to face my attacker so I knew how I would react the next time I saw him, to see him vulnerable and human. I’m glad I did it. I was physically sick before and after but I felt stronger and freer for having done it. Though to each his own and I take it my request was unusual.

rojo's avatar

Thank you for following up with this. We all learned from the experience and maybe can help others with our knowledge somewhere down the road.

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