Assault & Battery Pending Felony Assault charges

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Average_Joe

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This might be long. Im trying to understand what Im up against, whats possible.

My brother-in-law and I were drinking one evening and playing dominoes and just hanging out. Sometimes he acts up when hes been drinking from being on medication. That evening my youngest son (5 y/o) had taken his wallet and thrown it across the room and everything fell out of it. My brother-in-law yelled and kinda shoved him, and he fell down and made a face of shock. I told my brother-in-law to not push or yell at him. He apologized and we kept playing the game.

My sister (his girlfriend) showed up later.She was upset that he had been drinking and started mouthing off a little to him. He started to cuss at her and call her names. I told him to calm down, and he refused. I told him to leave my house. He refused. I raised my voice and told him to leave. He tried to grab my sister and told her to take him somewhere (I was guessing to get drugs). I told her she wasnt leaving with him, for I feared for her safety. He got in my face and told me I wasnt going to tell her what to do. I told him to leave, and he swung his arm and everything on the counter was thrown off. I told my sister to take my two boys and herself into the bedroom and go out the window and to call the police. As soon as she went into the room, I grabbed a bat from the hall closet and held it at my side. The only reason I grabbed the bat was to put fear into him and let him know I was serious, and that I needed him to leave. He tried to force himself passed me and into the room. He stepped back and took off his shirt and charged at me. My reaction in self defense was to swing the bat which i did. I didnt really even aim I just swung. It struck him in the head, and he went down for a second. He started to get back up and swung at me. I swung again and hit him in the shoulder, and once more in the head. That got him down and to where he couldnt attack me or try to get into the room. I went outside and away from him and was going to wait on the police. My neibor came outside and I asked him to call the police once more. My brother-in-law had gotten up and tried to charge at me outside. I told him I didnt want to hurt him and I just wanted for him to leave. Next thing I know there 2-3 cops pointing guns at me and him, and for us to get down.


They took him to the hospital and I was arrested. I was asked what happened and I told the officer that he refused to leave and charged at me and that I was protecting myself and 3 other people. I wasnt read my rights at all from what I can remember.

I found out that I was charged with Assault with a deadly weapon Felony 1.

Ive hired a exspensive lawyer. Hes Bar and used to be a police officer in the town I was arrestted in. Right now it has even gone in front of the grand jury. My brother-in-law and I had made up, and he admitted that he was wrong. although I shouldnt have used a bat I know. He said he provoked me. Hes signed an alphadavit through my lawyer.

I cant even get a job right now because innocent before proven guilty is a bunch of B.S. when it comes to job background checks.
 
I guess I didnt really ask a question in all of that. What are my chances here? I and most that hear my story of what really happened say I was wrongly charged.



I did end up getting a job. It blew my mind, they said not enough came back on the background check.
 
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