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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4012
Experience:  9 years legal experience, primarily in criminal justice
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Assault 14.33(c)2 and 2nd degree trespass

Resolved Question:

Assault 14.33(c)2 and 2nd degree trespass
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.
What do you want to know about them? And what state are you in?
Customer: replied 5 years ago.
I am in North Carolina and I have access to Lexis database. Do you know of a case in Eastern North carolina Pitt County Where an Assault and Trespass case was won. Can you give case numbers and legal remedy on how I should go about doing this, Do I have chance to deposed the plaintiff via DA office is there a way to file a counter criminal charges for Malicious procecution.. Thanks
Expert:  Hammer O'Justice replied 5 years ago.
Hello.

You do not need case law to prove your defenses because the laws themselves are your defense. All you have to do is show that the prosecution cannot meet its burden of proving the elements of the crime. As to the trespass, one of the elements is that you be in a location without permission, so if you show you had permission, the prosecution cannot prove that element. And for the prosecution to prove assault, they have to show that you perpetrated an assault upon someone. You will basically just have to hash this case out in a trial where you tell your side of the story. If you don't have a lawyer yet, you should hire one or sign up for the public defender if you can't afford one. The lawyer will help you present your defense to the court by cross-examining the alleged victim and poking holes in her story. You cannot depose the victim in advance. Your lawyer will only get to question her about her story during a trial.

Malicious prosecution is a civil claim that can only be raised after you win at trial or the charges are dismissed. If you win, you can then try to proceed with a lawsuit alleging malicious prosecution.

If you were the victim of an assault, you can file countercharges for that. Once you get an attorney, they can help you take care of that.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4012
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks for the answer.. I was not the victim of an assault. I was falsely accused of assault.
Expert:  Hammer O'Justice replied 5 years ago.
Sorry, I saw you said above that you were the victim, so I thought you meant of an assault.

No problem, and good luck with your case.
Customer: replied 5 years ago.

Hi

I have decided to present my version of the case to DA's Office today, In state of North carolina one does not have to touch a female to cause an Assault, Or sexual assault.

If there is reason enough for her to believe that the Accused can harm her.. Her charges of assault are Valid under the North carolina LAW. I know you do not feel it is necessary for me to get citation, But I feel lot better if I can view some North Carolina Cases where assault case have ben defended successfully by the accused. Here is her complaint in front of a Megistrate.

" I undersigned find there is probalble cause to beleive that on or about the date of offense shown and in the county named above the defendant named above unlawfully and willfully did assault Carol Higgins, a female person by GRABBING A RAIL and Stepping on a Step and Riseing Up towards victim with Hand Drawn. The defendant is a male and was at least 18 years of age when the assault and strikiing Occurred.

Expert:  Hammer O'Justice replied 5 years ago.
Case law is used in motions hearings to decide legal issues and in appellate cases. It is not used in trial where the question is whether your testimony is more credible than the vicitm's and whether, in applying the statute to your case, an objectively reasonable person in the position of the victim would have felt threatened. There are probably a hundred or more cases dealing with appeals from assault convictions but I don't think they will help you in what you are trying to do. Nevertheless, I am going to opt out to see if someone else will provide you with the case law you want.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4012
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and other Criminal Law Specialists are ready to help you

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