Legal Question in Criminal Law in Virginia

assault?

My roommate is bringing up assault charges on me. He says that one night he overheard me tell one of my suitemates to go beat him up. Problem is, I was blacking out drunk that night and so was my suitemate. Neither of us remember me saying it, and I was with my girlfriend from the last point I remember up until I woke up the next morning, and she does not know anything about it either. Also, I was too intoxicated to do anything physically violent. Does that mean that the assault charge will not go through? He is the only one who heard it. What would be the best thing to do about this situation? Thanks!

Also, if this information is necessary as far as the drinking goes, I'm not of legal age to do it.


Asked on 3/24/04, 1:15 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: assault?

While I am a lawyer and not your preacher or your mama, if I were you I would be more worried about my health. If you are blacking out from drinking, this -- as you no doubt already know -- is a good sign that you may have a problem with alcoholism. You might wind up doing other bad stuff that could get you into a lot more serious trouble. I personally know an alcoholic who recently got drunk, fell off a 4 story building, and broke his back and 14 ribs. Other folks have committed serious crimes while they were drunk and gone to state prison. Telling the judge you were blacked out and don't remember isn't going to float. You might want to check out the site http://www.aa.org .

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Answered on 3/24/04, 1:47 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: assault?

The charge of Assault & Battery is classified as

a Class 1 misdemeanor in the Commonwealth, punishable by a fine of up to $2500 and/or jail time of up to one year.

The facts which you've advanced in support of your

defense would appear to be somewhat infirm and unconvincing. (Many serious crimes are committed within the course of any given year in these United States in which those accused make essentially the same claim which you've put forth in your defense, which is, basically, that you were too "spaced out", in effect, by virtue of the intoxicating substances which at the alleged time of the crime you admit to abusing, and that, therefore, you simply could not have committed the crime with which the authorities have charged you with. And yet the forensics or other evidence may very well indicate your very probable culpability.

As regards your specific question: "What would would be the best thing to do about this situation?" Answer: Acquire competent defense counsel as quickly as possible either by hiring such on your own or requesting that the court appoint counsel to represent you in this quite serious criminal matter.

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Answered on 3/24/04, 8:40 pm


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