Appeal Simple Assault conviction

This is a discussion on Appeal Simple Assault conviction within the Trials & Sentencing forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I was convicted by jury trial of simple assault. I will breifly explain what happened. I did a house clean-out ...

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Old Feb 23rd, 2009, 12:56 AM   #1
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Unhappy Appeal Simple Assault conviction

I was convicted by jury trial of simple assault. I will breifly explain what happened. I did a house clean-out for a man and he stopped payment on the check. While cleaning we came acoss used syringes, burnt spoons. his house was a total mess and the man was always drunk as we did the work. It took 3 days to complete and the house was disgusting. The victim has had very recent DUI's (over .16), does not work, has been sued for not paying contractors before as I later learned. I took the contract and stopped check to police and they refused to do anything about it. I saw the man 4 months later while working in the area. He was on a ladder painting the downspouts of his neighbors house. I approached him and when he saw me he was startled and fell off the ladder. I called 911 to get him medical attention. He was injured and kept yelling at me to leave him alone and get away. I granted his request and left the area when I was sure that someone else was with him and help was on the way. He told police I pulled him off the ladder. There were many inconsistancies in his statements and testimony between the preliminary hearing and the trial. My attorney did not and would not bring up the events that led up to this event or the different stories that were said by the alleged victim. No witnesses except me, him, and my helper who testified I did not cause this fall. No forensic proof whatsoever. I would like to appeal this conviction and somehow get the truth of what really happened that day. I would like to know if there is anything I can do now to prove my innocence. The man wants to sue me and I feel that is his intent of bringing the false charges against me. I am a hard working man and have tried hard to run a sucessful business to provide for my daughter and grandchildren. My wife is decimated by this situation. The DA seems to worry more about getting a conviction than seeking the truth. I am looking at jail time also. I would appreciate any help I can get as this has me very upset. I am sorry this man was injured. I am not seeking anything but to have people know the truth of what occured.
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Old Mar 9th, 2009, 05:01 PM   #2
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Default Re: Appeal Simple Assault conviction

If they have convicted you of it you have an option to appeal!
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Old Mar 9th, 2009, 05:16 PM   #3
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Default Re: Appeal Simple Assault conviction

Did any medical opinions or evidence show that he was not pulled off?

Would that have been possible.

Unfortunately appealing and overturning will be difficult at this point. But you can try. An appeals lawyer has to do that.

You might also email the world law lawyers and see if they have any other ideas. I do sympathize with you.
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Old Mar 9th, 2009, 10:56 PM   #4
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Default Re: Appeal Simple Assault conviction

If anyone really investigated the scene the way the victim explained the event it would have been impossible to happen that way. The trial was breif and the details were not brought up.
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