A lady came on my property intoxicated would not leave she spit on me so i hit her in face...leaving few bruises...?

Asked about 2 years ago - Warsaw, IN

prosecutor is charging me which i cant believe considering she spit on me and was on my property and have had documents of previuos incidents w her. i am not on probation. i do have a recod a class c felony and a class d felony from about five years ago completed probation well and been off for over a yr and a half what do you think will come out of this is it worth geting an attorney and why didnt they get her for assual i pressed charges as well????

Attorney answers (5)

  1. Torrey James Bauer

    Contributor Level 5

    1

    Lawyer agrees

    1

    Answered . In Indiana spitting on someone contstitutes battery by bodily waste and will likely be charged as a misdemeanor. If you are charged it would be wise under the circumstances to retain a lawyer. No answer as to why she was not charged. The prosecutor has a great deal of discretion who he does and does not charge with a criminal offense. Often they rely upon the recommendation of the law enforcemnt officer who filed the report.

  2. Paul Stanko

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You do need a lawyer. If you end up with a conviction of battery, it will impact your future job prospects and will reflect badly on your character. You should NEVER try to defend yourself in a criminal case. The complainant's trespass onto your property and battery upon you (by spitting on you) provide an obvious justification for your use of reasonable force to defend yourself and your property. A lawyer can raise these defenses for you.

    Requesting, receiving, or accessing general information on Avvo or other web sites does not create an attorney-... more
  3. John D Barrett

    Contributor Level 10

    1

    Lawyer agrees

    Answered . For the first time, I agree with Mr. Bauer. You may want to consider calling me for a free consultation.

    This is an answer to a legal question posted on AVVO with limited facts and should not be construed as creating an... more
  4. Marcelino Gustav Lopez

    Pro

    Contributor Level 10

    Answered . You do need an attorney. You have a possible case for "self defense." Some counties require you to advise the prosecutor's office of possible defenses prior to the trial date. Please consult with a knowledgeable attorney so that you do not end up with a conviction when you were just defending yourself and your property.

    This is not legal advice. Legal advice can only be obtained from a lawyer after you have entered into an attorney... more
  5. Bryce Aric Fetter

    Contributor Level 15

    2

    Lawyers agree

    Answered . Next time call the cops. Don't ever hit a lady in the face. You need an attorney. They didn't get her because you didn't have any bruises. Because she didn't hit you in the face. www.BryceFetter.com

Related Topics

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,582 answers this week

2,985 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,582 answers this week

2,985 attorneys answering