She came to my home and started accusing me of something that a phone call if made ,would have proved my innocence.. but instead of finding out first as she was moving her things out of my storage she insisted on calling me a thief and a lier.. I asked her to leave told her to come back with the police but she wouldn't go.. I should have called the police instead I put my hand behind her neck and pretty much told her she was lame and to find out the truth before calling people liers and thiefs right to her face ,up in her face her boyfriend called the police and I go to jail for touching her... WHEN I TOLD HER TO LEAVE NOW THE DAS TRYING ME FOR BATTERY I didn't even batter her yea I cuppled my hand behind her neck and told her what I thought but battery that seems messed up and I have no rights to her not leaving my property assault I can see maybe but battery seems too harsh is I cracked her yeah so I pleaded not guilty my first offense like this and the state files charges tommorrows the trial and they don't even need her they have pictures of her neck I don't know I'm guessing red she could have rubbed on it till they got there to make it red I'm right handed weak with my left which is the one I used and I don't know what to do this is ridiculous if they find me guilty will I be going back to jail?

Yes, if you are found guilty there is a good possibiity you will go "back" to jail.

The law simply does not allow you to put your hands on another person for other than self defense and if it is self defense it can only rise to the level of force of the person attacking you.

What does your Attorney say?

This is a tough one but if the person was uninvited onto the property and was told to leave and refused that is trespass. And as a homeowner they have a right to protect physical property. Also being approached in a threatening manner plays into it. When someone has a hot head then they can do anything. I would look at the Castle Doctorine and see how it plays in this case.

I'd be curious about everyone's understanding of the Castle Doctrine. In NY it is used when there is a fear of death or severe bodily harm. I don't see that here.

Thoughts?

Yes, you can not use force merely to protect property in many places, You can only use force to protect the safety and life of others.

Example if a friendly burgular came in and was nice and polite but just wanted to pick up and walk out with your TV, in many places you could not phsycally stop them or they could actually sue you.

We even had case law in law school where a bugular was hurt by falling down a flight of stairs and sued for loss of income because of unsafe stairs and won.

So they should have walked away or called the police ( or both)

As soon as they put their hands on another person, that is battery by many state laws.

Here is one point of view.
Ref:
Conditions of use
Each state differs with respect to the specific instances in which the Castle Doctrine can be invoked, and what degree of retreat or non-deadly resistance (if any) is required before deadly force can be used.

In general, one (sometimes more) of a variety of conditions must be met before a person can legally use the Castle Doctrine:

An intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car.
The intruder must be acting illegally—e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties
The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home
The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary
The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force
The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the "Duty to retreat" and most self-defense statutes referred to as examples of "Castle Doctrine" expressly state that the homeowner has no such duty)
In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties


Ref:
Castle Doctrine in the United States - Wikipedia, the free encyclopedia

I know this may sound horrible but whatever you do on your property make sure you do it inside your house. Once someone is outside Don't SAY OR DO ANYTHING to them.. . personal experience

Quote:

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Originally Posted by SONOMAMA29

i know this may sound horrible but whatever you do on your property make sure you do it inside your house. once someone is outside DONT SAY OR DO ANYTHING to them. ...personal experience

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Mostly it depends on where you live how the laws apply. That can even vary city by city. So in your case it may have been different depending on the offense taking place.

Quote:

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Originally Posted by SONOMAMA29

i know this may sound horrible but whatever you do on your property make sure you do it inside your house. once someone is outside DONT SAY OR DO ANYTHING to them. ...personal experience

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I'm in NY; I work in the legal system. This is not my experience. I would like to have more details on this, please.

Quote:

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Originally Posted by annmhaynes11379

she was moving her things outta my storage

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Hello ann:

The Castle Doctrine discussion is interesting, but I don't think it applies here because of the above statement. You appear to have acted alone WITHOUT the advice of an attorney. You made several mistakes. If you continue to make these mistakes, you probably WILL end up in jail...

A battery charge, however, for a first offender, will NOT result in jail time in the ordinary course of events. But, being found guilty of battery AFTER a trial won't result in the same leniency that a guilty plea would. You should also know, that battery is a LESS serious offense than assault.

If your trial is today, and you don't have an attorney, ask the court to provide you one. In fact, if you can't afford one, and one has NOT been offered, DEMAND that the court provide you with one. Do NOT proceed with your trial WITHOUT legal advice.

excon

I understand how frustrated and angry you are to be called a liar and a thief. I am a criminal justice major and while in college they informed the class that even if you’re a standing next to or in front of someone having a normal conversation and if you talk with your hands and if you accidentally hit someone that is called an assault.
Good luck to your on your case. If this is your first arrest, they might go easy on you. Be sure to mention to your attorney to inform the officials in your case (the prosecutor and the judge) that you suspect that this person could have rubbed her neck until the police arrived which would have caused a bigger degree of redness or injury. It might or might not help with your defense.
Also, it is better to be the one to call the police first. Please do that from now on, but I suggest that you read a book called “I Know What You’re Thinking” by Lillian Glass. This book will describe all sorts of personality disorders, so that one can determine who they should keep in their lives and who to stay clear of.
We are surrounded by personality disorders, from all walks of life, at work, at home, our neighbors, and everywhere else! This book will help you read early signs, it will tell you what to look for in people, and
Categories that people fall under. I hope this helps.
Also, call your local police or if you live in the county call the sheriffs department and say I want to press charges, on this person, may be it’s not too late. By pressing charges on her might help your case look stronger and it might teach her not to go to someone’s house have cocked ever again.

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Originally Posted by JFormby

I understand how frustrated and angry you are to be called a liar and a thief. I am a criminal justice major and while in college they informed the class that even if you're a standing next to or in front of someone having a normal conversation and if you talk with your hands and if you accidentally hit someone that is called an assault.
Good luck to your on your case. If this is your first arrest, they might go easy on you. Be sure to mention to your attorney to inform the officials in your case (the prosecutor and the judge) that you suspect that this person could have rubbed her neck until the police arrived which would have caused a bigger degree of redness or injury. It might or might not help with your defense.
Also, it is better to be the one to call the police first. Please do that from now on, but I suggest that you read a book called “I Know What You're Thinking” by Lillian Glass. This book will describe all sorts of personality disorders, so that one can determine who they should keep in their lives and who to stay clear of.
We are surrounded by personality disorders, from all walks of life, at work, at home, our neighbors, and everywhere else! This book will help you read early signs, it will tell you what to look for in people, and
categories that people fall under. I hope this helps.
Also, call your local police or if you live in the county call the sheriffs department and say I want to press charges, on this person, may be it's not too late. By pressing charges on her might help your case look stronger and it might teach her not to go to someone's house have cocked ever again.

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There is no way under these circumstances that ANY Police Department will accept charges against this person at this time.

No matter who left the mark and whether it was intensified due to rubbing - you did read that the OP touched this person, right? "Cupped" his hand behind her neck?

You cannot put your hands on another person.