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Small fight over a parking spot that I did not even get, and now she wants to press charges

Fairfax, VA |

I Pushed someone hard after she threatened me to break my car apart and she's pressing charges. We had a court date and they didn't have any good evidence that it happened. Her prosecutor refused to drop it. when we went to trial she brought up that one of the witness were 17 without a parent. And asked for a rescedule to bring them in ( the judge and my lawyer never heard of that rule but went with it anyways) I think she went to request the surveillance tapes that were at the scene. I was more hurt then she was. I have a clean record also. If I didn't pull the first move am I looking at anything serious for first offenses?

Attorney Answers 3

  1. If you have a lawyer, you really should not be posting this on here as no one can give you advice.

    This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

  2. First, it sounds like this is in the civil arena, not the criminal courts. Am I correct ?

    Second, the question you will be dealing with is who was the aggressor, not who was hurt more.

    And third, your attorney should be answering questions of this type. Have you asked your attorney?

  3. Agree with Mr. Doyle that it's probably not good to discuss identifiable specifics of a unique situation of a criminal matter on this site because small inconsistencies are admissions and can be used against you in court (and opposing counsel or the prosecution might well read this site).

    You should have a lawyer. If these are criminal charges, and you can't pay, you can get a free public defender. The charges could be serious depending on whether you have had prior violent crimes or a criminal record or are on probation or parole.

    On the other hand, if you have no criminal record, and this is just a "road rage" incident where no one got hurt, no weapons were involved, and there was some shoving but there won't be hospital injury records or photos of bruises, with a lawyer you should be able to easily get the criminal charges dismissed or pled down to some violation with perhaps a small fine like "disorderly conduct".

    Good luck. And in the future, as you know, a lot of people out there are packing heat and it's not worth it to possibly lose your life or get hurt over a parking space, no matter what happens later in court.

    This answer is provided under the “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".

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