Misdemeanor for assault??? - page 3
Greetings All, I was involved in an incident tonight where a woman flagged me down and started cursing me out. So, I got out my car and we were in each others face. Well, she pressed charges on me... Read More
3Feb 17, '11 by llg, BSN, MSN, PhD GuideDefinitely -- get a lawyer and try to have the whole thing dropped. You don't want it on your record. My hospital does not hire anyone with anger management issues, previous charges for anything remotely violent, etc.
"Getting your license" is only the first step. To have a successful nursing career, you need to get a job -- and this economy, you don't want to raise any doubts in an employer's mind that you can handle the stress of the job without "blowing up" and reacting badly to a difficult situation.
2Feb 17, '11 by MollyLPNMaybe you should let your school know right away. It is on record and if they find out from another source, and not you first, it won't look good. I know we were required to report anything like that immediately. I had an arrest many years ago, was very honest and upfront about it on my application, and had no trouble with the school or getting my license. A couple of my classmates had much more recent arrests and were honest, and also got their licenses.
And get that lawyer! You don't want to wade through this without good legal advice, what may seem 'logical' legally sometimes isn't. Your area might have legal aid of some sort, if money is an issue. I also like the advice about the anger management classes, if your lawyer thinks it's a good idea, do it. In some ways, it doesn't matter if you're right or wrong in the altercation, it's showing that you are being proactive about proving you'll never repeat that mistake again. Part of that is eating some humble pie at times, right or wrong. 'Cause anyway, you don't want to ever make that mistake again!
Good luck to you.
0Mar 2, '11 by Angelfire3Greetings All,
Sorry for the delayed response. I wanted to wait until my trial was over. I was convicted of "chest bumping" The judge had already made up his mind when he 1st saw me. I did have a lawyer, in which I paid $1500. The judge got angry at my attorney for poking holes in these two female lies. They lied. They both contradicted each other.
I'm appealing the conviction. I ended up being fined $100. That's IT! My attorney moved to strike & the prosecutor had NO objections. The judge on the other hand, sought differently. When the judge said "guilty" everyone (cops, both attorneys and everyone there) had a look of disbelief on their faces. So, appeal it is and that's $5000.
0Mar 3, '11 by luvmyfab5that's horrible! i'm sorry to hear of the mess you are in. don't give up. you can beat this!
0Mar 4, '11 by GHGoonetteI agree, and I find it extremely suspicious that the judge disregarded the evidence, as well as the prosecutor's opinion.
0Mar 4, '11 by luvmyfab5same here. however, i know from my experience with a drawn out family law case, that judges have their ticks. it could be the smallest thing said, or just that they do not like your attorney, and bam! prejudice. in my case, the judge wasn't so smart and even vocalized his prejudice, so we had him removed from the case. some judges have been on the bench a long time and have no regard for new laws. they are set in their ways...
so, question... did you have a court reporter present?
1Mar 9, '11 by Angelfire3Greetings,
No, I didn't notice a court reporter present. It was in general district court, so they are not assigned. The judge seemed to have some sort of "beef" with my attorney. All of us found it really strange that the judge wouldn't allow my attorney to ask these two females questions. I do live in a small town and word travels fast. My attorney said it was a race issue (he's Caucasian, I'm Black & the two females were Caucasian) by the way. This is why we are appealing and taking it to circuit court. I have an appointment next week. I did find out some interesting news.
A friend of mine brother was being jumped by two of his classmates. My friend's brother ended up beating these two by himself. A teacher came up behind him and choked him out, causing him to faint. Well, upon him fainting, he fell on the teacher. Mind you, this is a big young man. Well, the teacher got hurt b/c this kid (17) fell on him. Guess what? The court found him guilty of felony malicious assault. His attorney said, "This case is similar to the Johnson case we had yesterday." The judge inquired further. The attorney said, "Johnson & two females were arguing. Johnson walked up to her and accidentally bumped her. The court found Johnson guilty of intentional bumping.There have been many cases like this in this area where the court convicted innocent 'people'." The judge said, "Well, this case is different. Someone got hurt." It was the same scenario that I was in.
All I can do is fight it legally and spiritually. I just have to have faith in God & in the legal system. My next trial will be in front of a jury. I just hope the jury can see pass the bull crap and make the right decision. True, I shouldn't have engaged in an arguing match. I should have never got out my car. But I did not intend for my big breast to bump up against some fat chick, with equally big breast.
0Mar 10, '11 by GHGoonetteThe most I know about the US legal system is what I've seen in TV court dramas but if I understand it correctly, your attorney gets to interview the jury members and can exclude those who are not suitable, right? Is the same prosecutor going to be involved?
1Mar 26, '11 by Angelfire3Quote from GHGoonetteGreetings,The most I know about the US legal system is what I've seen in TV court dramas but if I understand it correctly, your attorney gets to interview the jury members and can exclude those who are not suitable, right? Is the same prosecutor going to be involved?
I do apologize for the delayed response. To answer your question, yes, my attorney gets to interview the jurors. Right now, he's trying to get the prosecutor to do one of two things: 1) have this case dismissed providing I take anger management. 2) If he refuses, to drop it down to disorderly conduct (arguing and using foul language is actually against the law here). If all else fails I would have to put up $5000 for a jury trial. I've already invested $2700 in this petty case so far. I think it's ridiculous. I just know that this incident has forever changed me.
I hate to say this, but I can honestly say that I will never stop for anyone ever again. I don't care if they are walking down the street with blood gushing from their head. I'm NOT STOPPING! Why? B/C my attorney told me that anyone can call or visit a police station and say that you did something and boom, you'll find yourself spending a lot of money and standing in front of a judge. When I tell you my city is backwards, believe me. I just hope that when this all ends I'll be able to get licensed and find a job as a nurse.
Are there any others out here that have an assault charge AND a nursing job?
1Apr 17 by knsl321Hello! I know its been years since you last posted but what was the end result of this? I am going through something similar.
0Apr 18 by HorseshoeQuote from knsl321The OP hasn't been back since then, so not likely that you will get an answer to this question.Hello! I know its been years since you last posted but what was the end result of this? I am going through something similar.
0Apr 18 by CMLPN08I myself had an simple assault in 2007 before I became licensed in 2008, I explained to BON and have had no problems since then. The charge is only charge and I have a prayer for judgement for it.