QUESTION:
Me and my sister usually get into screaming fights I usually avoid hitting her because I just really don’t get beating ppl but she came to me told me to get out of my room and help clean downstairs I was sick so I told her I couldn’t she proceeded to yell and tell me to get the f*** up and fight me you lazy p**** of sh**t and I told her to leave me alone and I close the door she opens it again and says fight me word and I tell her leave me alone or I’m gonna beat your ass she doesn’t listen I’ve had I go up to her she punches me I scratch her face a lot but I didn’t hit her or punch her I grabbed her by the neck and told her to calm down and she punches me again in head my mom calls the police on us I get sent to jail because I left her marked meanwhile I only had a scratch and head bruises I wasn’t read my rights when they arrested me I was so upset she said yes to press charges but then mom said no charges and she said okay no charges the office said to late you can’t change your mind and they take me I was on hold for 1 hour or less set and cited and now I have court coming up in three months and I could potentially go to jail for 6 months or a year Wat can I do?
ANSWER:
If you have no previous criminal record, you might be offered a diversion. I would suggest hiring an attorney to prepare a mitigation packet. If I understood your post correctly, it sounds like your sister was the initial aggressor and you have a claim of self-defense. An attorney can get a statement from your sister stating that she struck you first, along with other mitigating information, and provide it to the DA before they make a decision to file the case. This can increase your chances of having the case rejected or being offered a diversion. And just to put your mind at ease, actual jail time is rare on a first offense misdemeanor battery with very minor injuries. In that situation I would consider house arrest a bad outcome and dismissal a good outcome … and proper jail an unlikely but possible outcome.
