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psimmons, Attorney
Category: Legal
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Experience: Law Degree, 12 Years of trial experience
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On Friday my room mate using his finger hit me on my chest

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On Friday my room mate using his finger hit me on my chest in front of two men at work. I pushed him away and told him to go to the derrick, he walk away from the job. The next day he started yelling at me about his rig cloths. I told him that picking up after him his not my respondable. He spit on me and I pushed him away. He landed on the floor. I moved out of the trailer and two months later I am told the police are looking for me. I am on my week vacation. I will be returning soon for I now know the police are looking for me. My room mate went to the hospital and the doctor reported this to the police. My room mate dislocated his shoulder. He has had this condition long before he started working with me.
Will I go to jail for this and if so how long will I be in jail? Thank you for your time.

This happen in North Dakota. my e-mail address:XXX@XXXXXX.XXX

Submitted: 12 months ago.
Category: Legal
Expert:  psimmons replied 12 months ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

What you describe sounds more like "mutual combat" than assault. That is, it sounds like you were in a mutual fight.

Not that that would excuse the conduct. It is actually a crime for two folks to fight...they can both be charged with "assault".

But it is not as bad as if one person was minding their own business and another person came along and assaulted them.

What you describe? I bet the other guy told the police exactly that....he was going about his business and you jumped him.

So it sounds like the police may not have the full story.

The bad news? Not in your best interest now to tell the police anything.

Once you become a suspect it is almost NEVER in your best interest to talk to the cops.

SInce when they interrogate you, they are looking not for justice, but to build the case against you.

You need a lawyer. If the police charge you, you will be given a chance to have your day in court

For this you need a lawyer.

If you can not afford one, the state will provide one for you

If you can afford? Then time to start talking to some. Pick one with experience in criminal defense

What you describe? I would not expect this to go to court...if the truth comes out I would expect perhaps a plea bargain to disorderly conduct for both you and your friend

But do yourself a favor...do not talk to the cops. Get a lawyer.

psimmons, Attorney
Category: Legal
Positive Feedback: 98.5 %
Satisfied Customers: 23541
Experience: Law Degree, 12 Years of trial experience
psimmons and 14 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

Will I go to jail for this? I was only defending myself and move out as soon as I could. In fact my room mate is till txting me on my phone and I feel I should not talk to him. So, I haven't txt him back.


I am told that a lawyer in ND will not take my case until I am arrested. I have a good job and do not want to loose it. I have no one in ND to help me find a lawyer.

Expert:  psimmons replied 12 months ago.

Jail? What you describe sounds like simple assault.

I would not expect jail...not for a first offense.

As for the roommate, good idea to NOT talk to the roommate.

And it is true, you can not get a free lawyer unless you are charged. But if you want to find a lawyer you can start the search here

Link text

or here

Link text

Customer: replied 12 months ago.

Thank you for your help.

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