Assault?

[Amanda.Lynne]

Hi everyone!

I have been searching the internet, and I guess I haven't been searching in any of the right places. So, I figured I would try here. I hope someone might be able to help me out. I read a few other posts, but my situation seems a little different (I hope!).

Just recently, I had a SMALL altercation with an acquaintance, and she had pushed me and I ended up slapping her with an open hand. And, there was no arrest made.

We went to court, and it seems that the incident had struck a nerve with the judge. The court clerk even told me that she had never seen him so irritated for some reason. To make matters worse, I had a rather lousy Public Defender.

Long court day, short, I ended up with an Assault charge, $600+ fines, and she ended up with Harassment and $500+ fines. The judge pretty much threw the charges and fines at us, and left as did my Public Defender. There was no explanation of what type of charge this was, as in, felony, misdemeanor, etc. After court, and after my 5 minutes of letting it soak in, I spoke alone to the Court Administrator and she advised me of getting an expongement in 5 years.

I am currently in school for Criminal Justice and I plan to become an officer and try to focus on Forensic Sciences. I figure I can wait the 5 years for my expongement, seeing as that will give me time for my A.S. in Criminal Justice and work on my B.A. in Biochemistry.

After reading some responses to other posts though, I have a sense that I will still have a difficult time securing employment. Will it always be there and always be that thorn in my side? Or will I just have to be persistent, and continue to strengthen my education? I am now afraid that after spending this time and dedication, I will be rejected, and I will lose the next 5 years of my life, all because of the one bruise on my record. Let alone, have to figure out something else that I would love to spend the rest of my life doing.

I'm sure this question has come up time and time again, but it just seems like such a waste, knowing that I have no other blemishes on my record, and don't plan on any others.

[GoDirectly2Jail]

Hi everyone!

I have been searching the internet, and I guess I haven't been searching in any of the right places. So, I figured I would try here. I hope someone might be able to help me out. I read a few other posts, but my situation seems a little different (I hope!).

Just recently, I had a SMALL altercation with an acquaintance, and she had pushed me and I ended up slapping her with an open hand. And, there was no arrest made.

We went to court, and it seems that the incident had struck a nerve with the judge. The court clerk even told me that she had never seen him so irritated for some reason. To make matters worse, I had a rather lousy Public Defender.

Long court day, short, I ended up with an Assault charge, $600+ fines, and she ended up with Harassment and $500+ fines. The judge pretty much threw the charges and fines at us, and left as did my Public Defender. There was no explanation of what type of charge this was, as in, felony, misdemeanor, etc. After court, and after my 5 minutes of letting it soak in, I spoke alone to the Court Administrator and she advised me of getting an expongement in 5 years.

I am currently in school for Criminal Justice and I plan to become an officer and try to focus on Forensic Sciences. I figure I can wait the 5 years for my expongement, seeing as that will give me time for my A.S. in Criminal Justice and work on my B.A. in Biochemistry.

After reading some responses to other posts though, I have a sense that I will still have a difficult time securing employment. Will it always be there and always be that thorn in my side? Or will I just have to be persistent, and continue to strengthen my education? I am now afraid that after spending this time and dedication, I will be rejected, and I will lose the next 5 years of my life, all because of the one bruise on my record. Let alone, have to figure out something else that I would love to spend the rest of my life doing.

I'm sure this question has come up time and time again, but it just seems like such a waste, knowing that I have no other blemishes on my record, and don't plan on any others.

Unless you list list your state, you are not going to get advice specific to your situation. I did bold a part of your post that doesn't make much sense. If there was no arrest, why did you go to court? Did you get a summons instead? Also, the judge didn't give you a charge, he gave you a conviction. For someone enrolled in a criminal justice program, you should know the difference.

To answer your question, an assault conviction is a HUGE hurdle to overcome for LE employment. It goes directly to your character and lack of self-control.

[pac201]

Unless you list list your state, you are not going to get advice specific to your situation. I did bold a part of your post that doesn't make much sense. If there was no arrest, why did you go to court? Did you get a summons instead? Also, the judge didn't give you a charge, he gave you a conviction. For someone enrolled in a criminal justice program, you should know the difference.

To answer your question, an assault conviction is a HUGE hurdle to overcome for LE employment. It goes directly to your character and lack of self-control.

If you went to court you were either arrested or issued a summons; as stated above it's going to be tough, not impossible, but it will be extremely difficult.

[NavyGuyMA3]

I'm not a (civilian) cop but it would seem to me there is some information missing here... you b**** slapped some chick but weren't arrested... but you still went to court... and the judge "charged" you with assault?

[Amanda.Lynne]

Unless you list list your state, you are not going to get advice specific to your situation. I did bold a part of your post that doesn't make much sense. If there was no arrest, why did you go to court? Did you get a summons instead? Also, the judge didn't give you a charge, he gave you a conviction. For someone enrolled in a criminal justice program, you should know the difference.

To answer your question, an assault conviction is a HUGE hurdle to overcome for LE employment. It goes directly to your character and lack of self-control.

I apologize, I am in New Jersey. There wasn't an arrest, but it was a citizen's complaint. So, yes, I did receive a summons. I am enrolled in a Criminal Justice program currently, but since changing Majors from Human Services/Social Work, I am actually in my first class involving the Criminal Justice System itself.

After reading that, yes, I guess you would say that I was convicted of Assault.

As for my character and lack of self-control, that is what I am worried about. I have never had any other altercations, and I am rather even tempered. I am hoping that during any applications and interviews, I might have an opportunity in the future to explain the incident?

I honestly didn't intentionally smack her. If my intentions were to harm her, I would imagine that my hand would have been closed, and I wouldn't have done it as I was stumbling backwards. There were two men behind her as well as another female and I was alone. I was more concerned for my well-being than harming her. But, unfortunately, I had a Public Defender, who I guess had went on vacation and sent his fill-in, and she had a lawyer that her parents kindly paid $1500.

I know I have seen on other applications a place for an explanation to the question about being convicted of felonies, and etc. But, when doing a background check, is it common for someone to be automatically disqualified because of an Assault, even after an expungement?

Would there be any other activities you would suggest that might show initiative to better my chances at proving this was a one-time thing, and that I have taken my mistake seriously? Maybe any type of community services or volunteer work?

So, any advice is GREATLY appreciated

[mcsap]

Slapping someone isn't self defense ,it's called getting even. You were arrested or you couldn't have been charged to begin with. Arrest does not require being handcuffed or hauled in. I have sent people a summons in the mail which technically is an arrest.

Check out your appeal options , meaning appeal it to a higher court. Perhaps with better legal representation , you will fare better.

[MikeG]

Not sure about other states but here (AZ), I think you will find that you were arrested though not brought to jail. Cite and release is an arrest and you are given a citation and a notice to appear for misdemeanor offenses. You were arrested and you had to promise to appear as directed on the citation. Your word is your bond. The citation would also list the complaint.

It sounds like she provoked you unlawfully and you responded by hitting her unlawfully. Both of you were cited and released. Both of you were found guilty at your appearance (did your PD plead to anything like "no contest"?). It seems odd to me that if you were fighting the charges, you would be found guilty at your first appearance since usually the officer doesn't attend those. It's like traffic tickets. If you fight, you get a new court date and the officer is summoned for testimony. It sounds more likely that you plead "no contest/guilty" right there and the court imposed sentence and saved everyone the cost/trouble of a trial.

My 0.02, not a cop or attorney.

[Amanda.Lynne]

I'm not a (civilian) cop but it would seem to me there is some information missing here... you b**** slapped some chick but weren't arrested... but you still went to court... and the judge "charged" you with assault?

well, I didn't B**** slap her..I "hit her with an open fist". And, I was Convicted of Assault, not "charged". I apologize, I was corrected earlier on the difference of the two...

I admitted to the officer the minute he came that I had slapped her because she had pushed me. She declined medical attention, and the officer did not witness anything. So, I guess that is why I wasn't arrested. She also admitted that the person holding her back hit her in the face with his elbow. So, the redness COULD have been from his elbow. But, after she had called her mommy, her mother called the lawyer and the lawyer apparently advised her to go to the E.R. to get Xrays and that they were going to press charges.

I didn't have any witnesses of my own. She had herself and 3 other witnesses. All of her witness had different stories, and she claimed to have never pushed me. I had to not only be the prosecutor in my own case, but pretty much be the backup defense attorney since mine didn't seem to want to be there.

I believe with a GOOD defender, I could have been found innocent due to self defense or had it brought down to a lesser charge. I proved that the witnesses had all different stories..but since I also had a different story, and no one to back it up, it didn't make much of a difference. But, the Court Administrator even said that she thinks the Judge took something personal and that she had never seen him so upset with two people before. I have no idea. But, now it seems to be ruining my future career.

The judge even stated at the end, "I hope that the both of you decide to appeal my decision and drag your good names through the mud to some supreme judge within 20 days...".

After paying the $200 for the Public Defender, $600+ for fines, going to school full time, and I have 2 young children, paying for an appeals lawyer didn't seem feasible and I figured the expungement would solve everything in 5 years, but now, it's over the appeals time limit, and I'm finding that I might be wrong.

I seem to be up that Creek without my paddle...

[Amanda.Lynne]

Slapping someone isn't self defense ,it's called getting even. You were arrested or you couldn't have been charged to begin with. Arrest does not require being handcuffed or hauled in. I have sent people a summons in the mail which technically is an arrest.

Check out your appeal options , meaning appeal it to a higher court. Perhaps with better legal representation , you will fare better.

I really did slap her in self-defense. It was pretty much 4-1. And I was on my way backwards over garden rocks. I would never punch someone in the face, knowing what type of damage might be done. But either way, I completely understand where you are coming from. I regret it completely, because look at where I am now...

As for the Summons. She had went to the Municipal Court a couple days later and filed a Citizen's Complaint stating that I had assaulted her. I am pretty sure it was her signature at the bottom of the summons. I also filed a Citizen's Complaint against her for Harassment, and she wasn't arrested, but she was found guilty.

I considered an appeal, but I didn't think I would need one, seeing as I figured an expungement would be enough after I finished school. But, I have come to the conclusion that I might have been wrong!

Are you aware of any other way to appeal after the 20 day limit?

[mcsap]

Dont know your laws well enough , I arrest people , I dont unarrest them.

And we dont have to witness an assault to arrest someone. Those days are LONG gone. If I have credible evidence or testimony that a crime occurred , I can arrest. I have been to many car crashes , only witnessed two. I issued many citations even though I didn't see the crash occur.

Same with assault cases. Credible evidence and or witnesses.

And you didnt HAVE to slap her. You could have left. Slapping someone is not a defensive act. If you were being ATTACKED , you could have EASILY justified HITTING her with your fist but your reaction to being pushed is overflowing with a payback hit.

I have been to too many domestics , fights , melee's etc over 24 1/2 yrs to believe it is anything else.

[Amanda.Lynne]

Not sure about other states but here (AZ), I think you will find that you were arrested though not brought to jail. Cite and release is an arrest and you are given a citation and a notice to appear for misdemeanor offenses. You were arrested and you had to promise to appear as directed on the citation. Your word is your bond. The citation would also list the complaint.

It sounds like she provoked you unlawfully and you responded by hitting her unlawfully. Both of you were cited and released. Both of you were found guilty at your appearance (did your PD plead to anything like "no contest"?). It seems odd to me that if you were fighting the charges, you would be found guilty at your first appearance since usually the officer doesn't attend those. It's like traffic tickets. If you fight, you get a new court date and the officer is summoned for testimony. It sounds more likely that you plead "no contest/guilty" right there and the court imposed sentence and saved everyone the cost/trouble of a trial.

My 0.02, not a cop or attorney.

Well thanks for your 2 cents!

I'm pretty sure neither of us was arrested. We had to file our own Citizen Complaints. I had to go to the Municipal Court and write the incident, then sign, and get a court date. The way they described these types of Complaints to me is that the other party normally signs a cross complaint after receiving theirs and then it goes to mediation. And, if needed, to trial.

She wouldn't drop her charge against me because she felt that she had "strong witness testimony" and we couldn't resolve it in mediation, so we ended up going to our next date which was our "arraignment date" and we plead "not guilty" so, the next appearance was our Trial date.

It sounds like a few people are saying that I have been considered arrested though. Wouldn't I have been informed somehow? How would I be able to find out? I didn't sign anything when the officer came to the incident...so I think it would be extremely odd if it would be an arrest..

[Amanda.Lynne]

Dont know your laws well enough , I arrest people , I dont unarrest them.

And we dont have to witness an assault to arrest someone. Those days are LONG gone. If I have credible evidence or testimony that a crime occurred , I can arrest. I have been to many car crashes , only witnessed two. I issued many citations even though I didn't see the crash occur.

Same with assault cases. Credible evidence and or witnesses.

And you didnt HAVE to slap her. You could have left. Slapping someone is not a defensive act. If you were being ATTACKED , you could have EASILY justified HITTING her with your fist but your reaction to being pushed is overflowing with a payback hit.

I have been to too many domestics , fights , melee's etc over 24 1/2 yrs to believe it is anything else.

You are right, I don't know my laws well enough - just yet. That's why I am in school right now.

To my knowledge, I wasn't arrested.

But, as for the incident that occured, I had no reason to pay her back for pushing me. My smack did nothing to hurt her. I threw my hand forward as I was falling backwards, and ended up slapping her. I am a rather strong and athletic person, so a punch would have made more sense for revenge, in my opinion. I walked away right after it happened so that nothing else would happen. I could hardly believe what had just happened. SHE had to be restrained and dragged inside as she was clawing and kicking towards me as I walked 25 feet away to wait for an officer to show up.

The type of Pay Back that I want is to find out how to overcome this blemish on my record. I don't do drugs. I don't steal. I don't even drink. I just want to figure out how I can become the person I want to be and not have this affect my life in any more ways.

[NavyGuyMA3]

Did this happen in a store of some kind? Are there no security cameras?

I would say do everything possible to file the appeal regardless of cost if it's going to affect your career of choice because a criminal justice degree wouldn't be worth much in a non LE job in my opinion.

[MikeG]

Well thanks for your 2 cents!

I'm pretty sure neither of us was arrested. We had to file our own Citizen Complaints. I had to go to the Municipal Court and write the incident, then sign, and get a court date. The way they described these types of Complaints to me is that the other party normally signs a cross complaint after receiving theirs and then it goes to mediation. And, if needed, to trial.

She wouldn't drop her charge against me because she felt that she had "strong witness testimony" and we couldn't resolve it in mediation, so we ended up going to our next date which was our "arraignment date" and we plead "not guilty" so, the next appearance was our Trial date.

It sounds like a few people are saying that I have been considered arrested though. Wouldn't I have been informed somehow? How would I be able to find out? I didn't sign anything when the officer came to the incident...so I think it would be extremely odd if it would be an arrest..

That's why state is important. New Jersey complaint process is obviously different from AZ.

[mcsap]

Here you would have been charged with either DC or some sort of mutual combat. You two mutually " agreed " to duke it out. Neither party has a defense or an excuse. looks like her parents lawyer did ( or could ) do nothing just like yours.

Stay away from stupid people in stupid situations. Self defense can be justified under certain circumstances. Looks like neither of you could do this and all you did was piss off the judge with your " Judge Judy excuses".

Learn from what you did.