Assault & Battery I need help

B

Brad90210

Guest
Jurisdiction
Washington
Hey so I'm kinda in a mess. So I went to celebrate Memorial Day in Spokane. Now I was just visiting Spokane because I'm station in Montana (I'm military). That weekend me and a couple friends went out drinking and got kicked out of the bar, I'm guessing because we were a little to intoxicated. So a friend of mine got into a argument with some ppl outside and I rush to my buddy side to defend him and I ended up in the argument as well out of no where a brawl broke out and I don't believe I was in the middle of it. But when the cops showed up everything was calmed down and over with but somehow I was the only person put in handcuffs and I was charged with assaulting two people. Now I have a court date and everything but it's out of state and I don't how to handle it. I do not know if I'll have to pay a fine or go to my court date. I never been a violent person and never had any offenses, I'm also security police in the military and how it will affect my relationship with the military. Am I looking at jail time, probation or just a fine fee. I'm quite worried how this will affect my career in LE. I'm not sure if I should show up myself or with an attorney on my initial court date. I've been told if I show up and the other party doesn't it might get thrown out. I don't think that's true but I need awnsers.
 
You desperately require a WA licensed attorney.
You also should refresh your memory as to what's required when a military member is arrested by civilian authorities.

Hint: Your command will be notified, if they already haven't been.

Before you notify your command, I suggest you visit with JAG.
JAG can also assist you with obtaining counsel for your civilian charges.

What are the EXACT charges that have been lodged against you?

As alcohol was in an excessive amount, you don't fully recall what happened, you appear to have a problem with alcohol consumption.

You should immediately self report yourself as an ALCOHOLIC, to receive treatment, possibly salvage your military career, and assist with your defense in WA state.

Good luck.
 
That weekend me and a couple friends went out drinking

That's always a bad idea.

got kicked out of the bar, I'm guessing because we were a little to intoxicated.

Ya think?

So a friend of mine got into a argument with some ppl outside and I rush to my buddy side to defend him and I ended up in the argument as well out of no where a brawl broke out and I don't believe I was in the middle of it.

You were.

I was the only person put in handcuffs and I was charged with assaulting two people.

Everybody, including your friends, pointed at you?

Now I have a court date and everything but it's out of state and I don't how to handle it.

Start by hiring a lawyer in the city where you were arrested.

I do not know if I'll have to pay a fine or go to my court date.

You'll have to go to your court date unless your lawyer arranges something else.

I never been a violent person and never had any offenses,

Doesn't matter.

I'm also security police in the military and how it will affect my relationship with the military.

Badly.

Am I looking at jail time, probation or just a fine fee.

Anything's possible. No way to predict. Just understand that even a misdemeanor can potentially result jail and fines.

I'm not sure if I should show up myself or with an attorney on my initial court date.

You don't need an attorney to plead not guilty, just as long as you keep your mouth shut about everything else. Just get an attorney before then anyway.

I've been told if I show up and the other party doesn't it might get thrown out. I don't think that's true but I need awnsers.

Always possible. The state has to prove you committed the offense. Trouble is, you were drunk and probably told the police everything that's needed to convict you even without witness.
 
I wasn't taken to jail that night or nothing like that he just gave me citation and it had a court date on it. Is there a way I can plea for a lesser charge?

Following up from my last post, I wasn't arrested but I was given a citation. I called the court and they said they didn't see it in there records and to call back tomorrow. And also is there a way I can plea to a lesser charge?
 
Brad, I moved your question from your other post because it's a duplicate of the question you asked here. Please keep all your discussion to this thread for continuity and don't open new ones. Thanks.
 
is there a way I can plea to a lesser charge?

You would generally have to plead not guilty before the prosecutor would offer or consider a reduced charge.

You really should be talking to an attorney.

Asking for a plea to a reduced charge could give the prosecutor even more ammunition with which to convict you.
 
It's likely that your first court date is your arraignment. When you plead not guilty, a trial would be scheduled for some future date which would give you time to get an attorney.

You might or might not be offered a plea bargain on the spot so it's a good idea to have an attorney with you for the arraignment so you don't get talked into something you'll regret later.

What is the exact statute number you are charged with? Should be on your papers somewhere.
 
Can't I get a court appointed attorney?

You can ask for one.
But, you're employed, so it's doubtful your request will granted.
Pleading not guilty at arraignment will keep the wolf at bay for a month, or six weeks.
Have you been fingerprinted and had a mugshot taken?
Have you met with JAG?
Talk with JAG before your command receives information about your arrest.
Any arrest can impact your clearances.
Good luck.
 
10.11.010

You're charged with a city of Spokane misdemeanor.
This is not a felony, but its serious.


Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.11 Offenses Against the Person

Section 10.11.010 Assault
No person may willfully use or threaten to use by purposeful words or acts unlawful physical force against the person of another.

The penalty for violation of this section is a fine not to exceed five thousand dollars, or imprisonment for not more than three hundred sixty-four days, or both such fine and imprisonment.

Date Passed: Monday, September 8, 2014

Effective Date: Saturday, October 25, 2014

ORD C35139 Section 5
 
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