Assault & Battery Court in 10 Days - What should I do?

[MCC123]

Jurisdiction

California

Good afternoon everyone,

I hope your days are going great.

I've been charged with Battery, and have court on 11/10/2016. The battery was done ~2 weeks ago.

Summary of what happened:
I currently rent a room in a house with 4 other roommates. One of the roommates (let's call him X), and I have had an ongoing rivalry for months now. I've asked him 100+ times to stop talking to me. However, he continues to harass me anyway. Our landlord has asked him numerous times to stop speaking to me, and so have the police. However he doesn't respect any of these requests and continues to harass me over. For example, knocking on my door to bother me everyday by asking for plates when he knows I have none, making condescending comments when I'm in the same room, etc.

He has literally called the cops on me almost 10 times over the past 3 months. He keeps claiming that I threatened him. When the police ask me why I "threatened" him, I reply because he's been harassing me and he won't stop talking to me. I was never arrested until the battery actually occurred.

On the night of the battery, X called the cops on my twice before our fight broke out. Both times, he said I was threatening him. And both times, the police left and gave us both warnings. After they left the second him, he was back in my face again. With my back against the kitchen wall, I told him he had 5 seconds to get out of my face. After counting down from 5 to 1, he was still yelling in my face. So I struck him with my right hand, he dropped to the floor, and I beat him up.

Questions:
1. Should I go with a public defender? I currently don't have enough money for a lawyer and cannot really afford one.
2. Does this constitute self defense? The way our kitchen is designed, I literally could not of fled without making contact with his body. He was literally standing in the entrance of the kitchen yelling in my face.
3. As the cops were arresting me, I asked them to arrest him for harassment. However they did not. Is there any other charge that can be issued?

Thank you for your support with this situation.

Happy to talk soon,

Ty

 

[army judge]

You plead not guilty.
You do, from this point forward, refrain from commenting or explaining about the incident.
You have a right to remain silent.
Use it.
You are innocent until proven guilty.
Believe it, project it, the jury must see it in you, innocence.

You can ask the court if you qualify for a public defender.
Being unable to afford a lawyer doesn't mean you'll get a PD.
Ultimately the judge decides.

Self defense appears to be your defense, that is troubling, especially with the history between you and your victim.

Regrettably, it appears to be all you've got.
Good news, even if convicted, this will barely impact your life.
However, if you've got numerous other criminal convictions, this might be the straw that breaks the camel's back.

More good news, CA is broke.
The state nor the county want to lock you up.
The government wants money to look the other way for this aberrant behavior, a couple of times anyway.

To recap, you STFU, plead not guilty, ask if you qualify for a PD, hope you catch a break, if you do - avoid the guy, maybe you move out.

Keep your hands to yourself, rent your own apartment, do not expect much privacy in a roomie situation.

 

[adjusterjack]

1. Should I go with a public defender? I currently don't have enough money for a lawyer and cannot really afford one.

You are potentially facing a conviction that will give you a criminal record. You would be wise to have a lawyer.

2. Does this constitute self defense?

No.

He didn't touch you. You hit him and beat him up.

I literally could not of fled without making contact with his body. He was literally standing in the entrance of the kitchen yelling in my face.

Then you should have just closed your eyes and your mouth and stood there quietly until he realized he was no longer getting to you and went away.

3. As the cops were arresting me, I asked them to arrest him for harassment. However they did not. Is there any other charge that can be issued?

No.

 

[leslie82]

Why didn't one of you move out? If the harassment was so bad why did you stay there and live with him? If I couldn't afford another place, I'd go live with my parents for a little bit. Save some money. I wouldn't put up with the harassment.

 

[ElleMD]

Ignore the guy. Don't answer the door when he knocks. Stay away from him. If he bugs you that much, move. Assault is NEVER an acceptable or legal solution. You had a million options besides beating him up, yet you chose the criminal way. Stay away from him. Listen to your lawyer. Stop calling the police to play referee when someone annoys you. They are not your parents or the playground monitor.