Went to Jail last night.

I used to date this girl Sharon, who has a kid.
She and I broke up, but we remain really good friends to this day, and her daughter is like my own.

Well, the kids father is an asshole. When we were dating, and he would come over to pick up his daughter, he always had a H_U_G_E attitude, but never tried to get cross with me. The reason Sharon and this dude broke up was because he used to kick her ass.

Well, while she and I were dating, he got into the habit of whupping the little girl pretty good.
Now don't get me wrong. I fully support a parents right to whup thier children, but a 5 year old little girl dosen't get the same kind of spankings you would give to a 10 year old boy. Mr. Asshole couldn't figure this out.

When Sharon and I were dating, and the kid would come home from her visits with dad, she had MAJOR abused-woman syndrome.
Like when you go to pet a dog that had been beaten, and it shirks away? Well, she would do that.

Anyway, he never dared hit the kid in my presence while Sharon and I were dating. But since we broke up, he has been getting bold.
Sharon and I still hang out regularly, so I often encounter Mr. Asshole.
Well, last night, we were hanging at her house, waiting for asshole to pick up the little girl.
He came in, and told her to get her things for her stay at his place.
She wanted to bring her new "kitty" (She just got this wretched little cat), and dad said no.

Little girl starts to cry.
He must've figured that since Sharon and I weren't dating anymore, he could beat the kid and I wouldn't care.
So, he goes over to her, snatches her up by the arm, and gives her a full "90 Degree cocked-back" spank on the ass. Entirely too hard.

So I tell him "Dude, that was too much. Don't E_V_E_R hit her like that again>"

I get the typical "I'll raise my kid as I see fit" response, and he grabbed the little girl by the arm again, really rough like. and started to drag her out the door, crying.
I got pissed, and told him to put her down, so he drops her, and bows up on me.

Now I didn't mean to hurt him, but he definitley needed a reminder, so I whacked him.
He went down like a ho, screaming;
Turns out I totaled his jaw.
Ambulance and cops come, I get arrested for simple battery, sit in jail, go to first apperance, post bond, and I am here.

This is what I am worried about. If the prosecutor decides to pursue a "Domestic Violence" or "Aggravated Battery" charge, I am fucked. No more guns.
I don't think it will come to that.
If I plead out to Simple Battery, it's a misdameanor, and i'll probably get C.S. or maybe probation.
I think I might be able to get away with a "Self defense" plea, since he was coming at me in a threatining manner.

But if I fight it, and not plead out, I risk the slight, remote possibillity of a felony.

What should I do?

And please. No "Ohhhhh McUZI, you should go to jail! You should never hit ANYONE!" bullshit.
Any man here would have done the same thing.

I think you have it well covered.  That isnt Agg Battery and its not Domestic since you didnt "co-habitate" with Mr.Asshole.  Could just plea out to the misdemeanor and let it go.  Frankly, you may be better pleaing not guilty and going for a trial.  Unlikely shithead will show up, whereupon they drop charges.  Or self defense may come out if he does show.  Just dont go to trial if the prosecutor wants to try to go for some felony charge if you do.  Don't think they will because from your description there is no felony on your part but just be aware.  Oh, and get a lawyer.

The only way this could become felony is if his jaw is REALLY screwed up and they can prove "great bodily harm".  Make sure Sharon is a witness on your side.

I would have done the same thing.  As long as you get a human judge, and go in with a "I shouldn't have done it" attitude, I think you will be fine and it will be simple battery.  Get a lawyer and try to plea bargain for simple battery.  Good luck man, I would've beat his ass too.


James

Self defense.

He said/she said.  Take pictures of the kid to prove that he's "violent" and that you feared for your life.

What have you told the cops? If nothing, keep it that way. Get a lawyer and listen to him. This sounds like self-defense to me, but what do I know?

It happened in her house, and I presume she'll testify on your behalf, giving testimony beneficial to you and reflecting your version of events. You say he used to beat up your friend Sharon? Were any police reports ever filed? Did she ever go to the hospital to get treated for injuries she sustained at his hands? Those would certainly help your case, huh?

I'm not a lawyer, and I don't even play one on TV, but I'd fight it if it played out like you said.

Semper Fidelis
Jarhead out.

first off find out what you are being charged with get a good atorney and the deal is always a lot better if you hold strong. you will find out what it is when you go for your inatial aperince. second child abuse is illeagl!!!! I don't know what your states laws read but in Wi he was pusshig the limit with what you said here!! third always keep a good poker face in court. did you make a statment? my atorney always tells me to never do that no mater how bad I want to. forth you did the right thing..next time the bastard will think twice before he hits his daughter..

Yes that is the best advice. Talk to a lawyer.

Well I would say not to do this shit on this asshole, he's not worth it blah blah... but like you said, he needed a reminder about how not to hit a kid.

But get a lawyer and talk to him.

Next time give him a full dose of pepper spray. He'll still fall to the ground in pain but your case of "he was attacking me, I felt threatened so I made him stop with this non lethal self defense device." will carry much more weight. Ever see someone get sprayed in the face with pepper spray? Fucking funny man, they look like they're having a seizure.

Turn the tables. Have the asshole arrested for child abuse/endangerment. With little girl and GF saying yes, he will probably be convicted.

If your GF will testify for you for the smacking, they should let you off. It's her property, and you were attempting to protect the welfare of a minor when you were threatened by this guy. As long as she says she saw him bow up to hit you then it is self defense. If she won't, he'll say not true or he was just leaning back to fart or some other BS answer.

As it is the little girl did not scream "help me, mick", you yourself were not injured, and he was hit and you were not. That makes it a hard thing to prove self defense, especially if this guy has no prior convictions for aggravated assault/battery. Did GF ever call the cops on him? That would help you tremendously if you can show he has a history of violence.

The thing to worry about isn't the criminal charges, but the damned shyster that mr. a-hole is going to find for the civil suit.

I personally would suggest that you get Child Protective Services involved now, and see if there is something that they can do to help you on this.  If they have an investigation going regarding this event at the same time as you go to trial (if it gets that far), you will have more ammo (no pun intended) towards helping your case.

It does seem from your wording that he got in your face, and you were afraid that he would strike you, given that he already showed a tendency towards extreme violence with a 5 year old girl, and also her mother.  You were probably scared that he might have a weapon, and that he would attempt to kill you, given the opportunity.  You were hoping to prevent her from coming to harm, and it all happened so quickly, that you didn't have a chance to call the police.  In the mere moments that this all happened, it went from your simple requests for him to ease off on his own daughter, to his violent motions, and a continuation of the threat to the little girl.  You tried to calm the situation down, but when he moved in your direction, you thought he was going to hit you or worse.  You reacted in a manner to defend yourself, and the poor defenseless little 5 year old girl.

Is this about right?  I think your attorney will likely come up with more colorful words, phrases, and a better way of putting it, but I hope for your sake, that this is closer to how it happened.

One last thing never under esttamate the power of a good hair cut and a suit!!! make yourself look like the good guy that you are!!

Same thing happened to me before, but the abuser swung first. He was arrested at the hospital after I was done with him. Then my lawyer kicked his ass again. I am not a violent man, but if I see a kid or a lady getting hurt by some gorilla, I get ruthless and seek to injure.

After this is over and forgotten, you and some buds should get your Louisville sluggers and throw him a blanket party. Find an old abandoned well somewhere for him to "heal up" in.

ALL CHILD ABUSERS MUST FVCKING DIE! [pissed]

Just remember before pleading guilty, many men pled guilty to misdemeaner domestics and later found themselves without rights retroactively.  There has already been moves in congress to eliminate the rights to own firearms of people that have been convicted of misdemeanors other than domestics.

LAWYER! The best one you can get. You are investing in your future like NEVER before.

Fight it! you got notthing to loose and everything to gain. good luck!

Lawyertime.

It would have been better if HE had struck the first blow...

Unfortunately, your kind of street justice isn't tolerated by the milquetoasts anymore.

P3[pyro][BD]

Get a lawyer and have your girlfriend act as a witness of the incident.  They might put him in jail instead.

MickUZI

1. Stop talking.

2. Get a lawyer. Spend some money on the guy - part of what you are paying for is his connections. Golf memeberships may be spendy but if he has a weekly standing tee time with the judge that hears your case - you benifit.

3. Wait a year or so - long enough that captain dumb ass and the 'do right boys' forget all about you and your connection to him. Then it is shoe covers on your feet, gloves on your hands, ski mask on your head - ball bat in hand - not only does this dumb ass need to understand that he is an asshole for treating his kid like that (the price for which is a broken jaw) but he also needs to know what it is like when you make life difficult for those that are merely providing him with constructive critism designed to make him a better person - see cuz you're doing this for his benefit - kinda like tough love, only with a whole lot more blood.

dont plead self defence.just tell it like it is.you kicked his ass because he was slapping around a little girl.you did the right thing,stand by it.

dont plead self defence.just tell it like it is.you kicked his ass because he was slapping around a little girl.you did the right thing,stand by it.

There is some good advice here already but:
1) get a lawyer-do not plead out on a domestic charge as it doesn't fit anyways
2) have the gf and the kid swear out a warrant for the arrest on the ahole for child abuse.
3) have the gf and kid get a restraining order against the ahole (free from the court)
4) report the incident to Child protection services.
YOU HAVE TO PROTECT THE KID FIRST
5) Now have your gf give an affidavit to the lawyer on the self defense part- tried to protect girl-he was going to hit you.
6) I assume he was also charged...if not have your attorney get a copy of the police report.
This is the usual route with a good assault and no independant witnesses. He said this vs he said that means both get arrested.
7) talk to the neighbors-see if any will come forward.
Hope this helps-Mike T

WHAT HAPPEND TOO GETTING INTO A FIGHT WITHOUT GOING TO JAIL

BWAHAHAHAHAHAH!!!  That went out with the horse and buggy, man.

Is Mr. Bad Dad paying child support?  If he is, then the girl's mom has an incentive to keep him out of jail.  That's just something to think about.

Good advice from these guys, especially getting the girl and mom to file for child abuse.  If it does go to trial, remember what garry said, a suit and haircut help.  If you have a goatee shave it.  It will grow back.
Good luck and keep us posted, cause that SOB deserved a lot more than that.
Ice

Much good advice already.
A) Get attorney.
B) Do not plead out. It will stay on your record unless you can get probation and SIS.
C) Involve other angencies.

The only thing I will add is if the prosecutor wants to play insist on a trial by jury. It is your right. You probably could not afford the attorney fees for a TBJ (I know I couldn't) but it is a bluff that the prosecutor will not call. Too messy, too time consuming and an embarassment to him when he loses the thing after spending tax payers money on a lengthy jury trial. No jury is going to convict someone for defending themselves against an asshole with a history of beating up on women and children. Hell, they may even give you a medal.

Good luck.....and yes, I would have done with same thing.

BTW, were you carrying and exercised the restraint to not draw your piece? You shouldn't have under those circumstances but if you were and you didn't it should be worth a couple of extra attaboy points with your fellow members.  

Everyone goes to jail now.

My agency was catching hell becuase we almost always arrested the man in family disputes. But we solved that problem. Now EVERONE goes to jail! Two reports, he is the victim on one, she is the victim on the other. Let the DA decide which case to take to trial.

What I don't understand is how women can break up with a guy because he hits her, but still allows him to come near her child!   This woman should have had him thrown in jail the first time he struck her.  He should be thrown in jail and have his parental rights terminated for beating the kid.  The woman needs to go to counseling because there is a reason she chose that guy and a reason she keeps him around.  This sounds like one of those thousands of calls on the Dr. Laura radio show.  Do not get romantically involved with this woman until she has worked out her issues.  Do everything you can to protect the child.

My sister recently had to leave her husband because he was verbally abusive and she is now headed for another relationship that is doomed to fail. “He’ll change for me.” “He is such a nice guy.” blah, blah, blah.  What is it with women!!!!

Regardless of what happens with the courts, you did the right thing. You have my respect and admiration.

(...and Jesus wept..)

UHHHH, McUzi?, If I have read the laws right, then, in your case, anything other than a "Not guilty", or maybe a self defence will cost you the right to buy a gun again. It may not cause you to lose your guns you have, but you will never be able to buy a gun again. The yellow sheet has one entry asking if you were ever convicted for domestic violence. They consider a MisD battery charge as a violent act which most likely will fall under domestic violence. I would look into this accusation if I was you just to be sure. I would also find a holder for your guns until this is cleared up. If you do get convicted and get probation, you wouldn't be able to have the guns in your possesion until probation is completed. I wouldn't wait to see the outcome before you get someone to hold your guns. If you do, you may lose them all forever.

He deserved more than he got, I'd ask for a trial by jury if it comes down to it. I don't believe a jury of your peers would convict you because of the circumstances. I don't know about some of these screwy judges, though. If his toast got burnt the morning of court you may not come out as well. You did the right thing!!!

mickuzi,

I think you handled the situation wrong. Not putting you down just making a statement. It could happen to anyone. Me included!! It is also easy to look back and say I should have done or I didn't do this. Not trying to be a jerk. I would try this. See if you can bring child abuse charges on this guy by his ex. Then see if you can make an even swap to drop your charges with his. He might not want to fight the charges against himself so if a deal is presented he might agree to drop your charges.


I don't know how old you are but you never get involved with a woman with a child and an ex husband. You are in the middle. He hits the kid and you are in jail. See how life works. Bad situation. You should have talked to the girls mother and called the police to file child abuse charges. Then this would have been a different ballgame. Like I said not looking to be a jerk. Live and learn. I live in NY and I have total registration on handguns. I have to be squeaky clean or they confiscate them. I have to watch every step. I hate living like this but that is how I am trained to think. I hope to god I don't slip up cause then it is bye bye handguns.  

MAC,
I had the same impulse when a man set his German
Shepard on my Golden Retriever. I pushed him
about 20 ft. being careful he would'nt fall
down. Simple Battery. Cost $2500.00 and I told
my lawyer no deals. They drop the charges or
WE GO TO TRIAL. The State  at the last minute
capitulated and offered; Plead no contest,
adjudication withheld, pay court costs of $240.
The State was trying to get me to fold and
take anger management etc.. Be hard, be a rock
and impress on your attorney your resolve not
to plead out.
The State will try to use the Mom and Daughter
as witnesses against you and the Sheriff has
probably taken their statements. Please remember
that the daughter, even though abused, loves her
Father and must be considered an adverse witness. The only way to counteract these forces
is to file a complaint against the Father with
Child Protective Services most immediately!
You have stated that the Father has a history of
abusing his exwife and daughter this is crucial
to your defense. Use the Florida Public Records
Act to find everything you can about the Father.
Divorce records, arrest records, etc.. Don't
depend on your attorney to do this! You will save some money and you will feel better doing
something instead of nothing.
Sorry you got involved in this mess but I have
a newfound admiration for you as a result of it. I would probably done the same thing.
Child Protective Services, build your defense!

Child abuse is a thing that i WILL NOT tolerate, we have had a few bad cases in the media here in Finland and cause the criminal is protected so far in our legistlation, the perp might get a few years max, but in prison i believe globally these individuals are dispised by other convicts so the punishment might come after all. Recent example a few months back was one day after leaving work, going by bus this time to home. Was waiting for the bus and a lady with a young child, 4-5 year old, cames beside me and a well know drunk arrives also. The guy starts to talk to the kid and "hassle" with him, the mother asks him to stop, he doesn´t. He starts to insult the woman in loud voice, b***h, w***e etc etc... becoming increasingly violent in his manners

After about 30 sec, i walk to the man and stare right at him(trying to look as bad as i can). Tell him to SHUT THE F*** UP because the lady asked you nice and im asking you now, if not i will take some action against you. The mumbled something and backed off, walked away. I felt that was in that situation approriate. Good luck that did not have use force and he backed off.

Enough with my rambling, good luck to your case
MickUZI!!

this is a imprerect world and sometimes you don't think you just react!! that is something to rember

Okay, first off I'm gonna rile a few feathers.

I don't see many similarities in the writting style of this person with the original McUzi.  I have a hard time buying that this is the new reincarnation of McUzi.  It very well may be just someone else trying to imitate and piggyback on the name.

Now if this did in fact happen, I gotta ask something.  How the hell can this be seen as DV?

Did you live with this guy?  Did you have some type of relationship with him?

Just going by the laws in most states, you can only be charged with DV if you lived with a person, or had some type of "romantic involvement", or were related in some fashion.  Had you hit the woman, then I could forsee a DV charge, but to hit her ex????

Assault, be it simple or felony, battery or whatever the statute may be in your area would be the charges.  If they are a misdemeanor, then you wouldn't loose your rights to own firearms.  If they are felonies, well then you have to be convicted first.

Either way, what kind of a person turns to the internet to obtain legal advice???

Oh, and BTW when you are arrested and brought before the magistrate, you already know the charges.  It is required at your IA (that's initial appearance).  You can't get bonded out without seeing a judge on a criminal charge.

Sorry, gonna call BS on this one.

If I'm wrong, I'm wrong.  Oh well.

Actually, you can't know his style very well. When he writes his longer posts, they look better. Check out some of the older posts on his friend kelly, ect. I do the same thing, my quick notes sound different than my lengthy tirades. I exchanged e-mail with him about some books for sale, and I'm sure this is him. He just got his old username canceled for racist content, or something of the sort.

Also, this is exactly what happens to this guy, he exists, and within a certain area, trouble starts[;)].

McUZI, plenty of good advice already here. You almost certainly can't be charged with domestic or aggravated, I do know that much. I can't imagine the law being interpreted like that. Get an attorney, tell him you won't back down, and look good and be polite in court. Other legalese, I'll have to leave to your counsel, and your common sense. BTW, if for some terrible reason(crooked judge or the like)are charged with a felony, I'll take good care of your guns for you.

I might not have hit the guy. Then again, maybe I would have. Hard to say when I'm sitting here, and wasn't there to see it. If I was, and it was as you described, I probably would have. I would have gotten my butt kicked, but I don't think I could have stood for it.

Keep cool,

Juggernaut

To McU...:

1. This is NOT a CRIMINAL DOMESTIC VIOLENCE (CDV) SITUATION. BTW - I am an LEO. You have to have had domestic relationship, no matter how long ago. A girl/boy friend relationship does not qualify.
2. Get an attorney.
3. Request a jury trial as soon as possible. All trial dockets are backed up and over worked.
PAY ATTENTION EVERYONE HERE -
All court houses have a room the prosecutor conducts his/her business with the defense attorneys.
I call it the wheel and deal room.

That is where the bucks you pay the attorney "pay off" (not in the court room).
They are all buddies (the attorneys). The prosecutor wants to lighten up the case load and a good arraignment between the two can result in a very much lessened "plea bargin" if not an out right dismissal of the charges.  If you have to actually go to trial you have a crap shoot at best of "getting off".
4. Do not count on support from the woman, especially if she gets child support or alimony from her ex.  
5. Have your attorney contact the PD and push for CDV on the father, not you. Have the attorney obtain a statement from the mother - if she will cooperate.
It is self defense time, first! Do not forget - she picked the scum once, apparently over you, and could go back to him again.
Do not talk this up with all your buddies and acquaintances.
Keep your mouth shut.
Things spoken have an odd way of biting you in the butt in court later on.

It might have been the best thing to call the police after the first "beating" you witnessed and let them investigate.
Getting arrest is expensive.