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Charged with Assault

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SSteezle
Posts: 9221 - Karma: 9,939
So last night I was partyin around town and my three roomates and I decided to hit up the only gas station in town that's open after 12. We got in there and my friend dropped a couple chips on the ground on his way out of the gas station. A kid in the store called him out and told him to pick it up and I just told the kid to mind his own business and the lady behind the counter continued to ring me up. Anyways I see the kid go outside and get in my friends face. At this point it's 5v1 so I tell the kid to not be a hero, and the five of us get on our bikes and longboards and start to ride away. I turn around and see this kid grab my friend and throw him into the ice machine while he was on his bike. I turned around without questioning it and knocked him in the face then choked him on the ground for a bit. I guess right as I was about to throw the punch a police car rolled around the side of the building. The kid ended up getting charged with something and was bleeding pretty bad. They brought him to the hospital to get stitches a I wounded up gettin charged with Assault (Misdemeanor). I told the cops I was just looking out for my friend but he was too much of a pig to give a shit.

Anyways, anyone else been charged with this and what kinda fine/probation am I lookin at?
Oct 16 2009 11:28AM
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802amplitude
Posts: 491 - Karma: 46
that sucks, did you have your friend charge him with assault for throwing him into the icebox?
Oct 16 2009 11:31AM
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Brenone
Posts: 4944 - Karma: 296

is there a surveillance tape to back up your story?

Oct 16 2009 11:35AM
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Kornn101
Posts: 3534 - Karma: 25
my first misdemeanor without any priors i only got a fine and some community service, you'll be fine, if u go to court and plead with the judge and tell him your case im sure you'll be fine
Oct 16 2009 11:35AM
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Valind
Posts: 4358 - Karma: 17
I have been charged with assault twice.I only had some court fees and that was it.  I got my family attorney to back me up though.  I
Oct 16 2009 11:41AM
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Valind
Posts: 4358 - Karma: 17
...and the part that sucks is if you are looking for a nicer appartment...good luck....they consider you as a violent person and wont rent to you.
Oct 16 2009 11:43AM
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Nicholas.
Posts: 10905 - Karma: 60
eh that sucks, shit luck about the cop rolling by. maybe just throw the kid off next time.
Oct 16 2009 11:48AM
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JRullo
Posts: 1794 - Karma: 265
i got charged for a fight at school i didnt get anything but a 50 dollar fee
Oct 16 2009 11:50AM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
if everything went down exactly as you said, and you've got four friends/witnesses to the event, your lawyer will get you out of this charge no problem. hire an attorney. it's not worth having an assault charge on your record...even if you are a juvenile. in the age of the internet, records are never truly "sealed".
Oct 16 2009 1:19PM
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gmack24
Posts: 4636 - Karma: 31
it's the truth man. Google finds just about any dirt on you...You need to get a lawyer and get this reduced.
Oct 16 2009 1:50PM
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inthewoods
Posts: 1074 - Karma: 111
I got a fine, like 300 bucks, and the charge was dropped to drunk disorderly conduct. It just sucks to have that in your record...specially for me. Im glad I didnt get deported, but Im no longer allowed in the states haha
Oct 16 2009 3:19PM
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Casey
Posts: 7783 - Karma: 23,455
this is why you're going to lose in court: because you choked him once he was  on the ground. You would walk if you only knocked him down and waited for him to do something. You are only allowed to defend yourself using a reasonable amount of force and no more. i know because I sat in on a trial like this for my GF's brother, doesn't matter if he deserved it or not, he went to the hospital and you were fine, case closed. sorry dude.
Oct 16 2009 3:48PM
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geteducated
Posts: 6410 - Karma: 86
you don't need a lawyer you need jesus

Click for larger image
Oct 16 2009 3:53PM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
since the other guy initiated the physical confrontation, subduing him after one punch until authorities arrived can easily be portrayed as "reasonable" force. any defense worth his weight could sell this to a jury. you only have to convince one.
Oct 16 2009 3:59PM
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geteducated
Posts: 6410 - Karma: 86
hey guys,  i just watched a bunch of law and order episodes so i feel im pretty qualified to give my input on this matter and i concluded that you can keep trying to convince yourself that you choking the kid wasn't excessive force and that you were just trying to keep the kid there till the authorities came, but at the same time if you saw a cop using your same method to subdue a possible suspect you would be screaming 'fuck the police' or whatever it is that you white upper middle class kids like to say.

hypocrites.
Oct 16 2009 4:09PM
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Noddard
Posts: 2649 - Karma: 3,821
dang that sucks bro
Oct 16 2009 4:19PM
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AdolfShitler
Posts: 1618 - Karma: 32
lol you shoulda locked him in teh icebox and thrown the chips in for him. haha
Oct 16 2009 4:21PM
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Twinjibber77
Posts: 6239 - Karma: 2,356
If you didn't extensively choke him, and walked away after getting him on the ground you should get off free if you got like a lawyer. But if the cop rolled up seeing you on him choking the c=shit out of him then your fucked.
Oct 16 2009 4:26PM
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caucasian_chad
Posts: 4078 - Karma: 3,625
Just go to court tell your story and try to get a surveillance tape as already mentioned (its a gas station it has to have some). You'll probably get charges dropped.
Oct 16 2009 4:29PM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
what you call choking, I call restraining an assailant. it's all in the spin. or at least that's what I learned in all of my law classes that I had to take to attain my post graduate degrees. get educated. don't make assumptions. not everyone is a 13 year old rich white kid.
Oct 16 2009 4:32PM
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Twinjibber77
Posts: 6239 - Karma: 2,356
There is no such thing as restraining an assailant. If you don't try to exit the situation after you have broken off initial contact it is assault brotha.
Oct 16 2009 8:30PM
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doublexl
Posts: 8407 - Karma: 26
umm this is over chips? hahahaha?
Oct 16 2009 8:59PM
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geteducated
Posts: 6410 - Karma: 86
electives don't count.  and unless you passed the bar i don't want to hear about it.
Oct 16 2009 9:25PM
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TechnoPotamus
Posts: 11626 - Karma: 3,522
i was charged with "brawling"  which is just under assault here.  Anyway, some kid pushed me after i tried to break up a fight between him and my best friend so i just lost it and cracked him in the face a few times before the cops got to me.

got charged with about $400 in court fees and fines, did some community service, was on probation for a year.  Not a big deal, everything is over, and the charge was dismissed/dropped.
Oct 16 2009 9:37PM
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californiagrown
Posts: 9794 - Karma: 2,014

fuck the friend who dropped the chips on the ground.  and fuck you for telling the kid to mind his own buisness.  both of you are immature assholes who have no respect for people around you.  Ya the kid shouldn't have started the fight(im sure your friend was talking shit) but at the same time your utter lack morals was the cause.  you think its okay to walk into a store around closing time, dirty the place up, right after the cashier probly swept up for the night, and then give attitude to some kid who called you out. 

FUCK YOU i wish i woulda been there to beat your ass.   you deserve what you get.

Oct 16 2009 11:50PM
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Twinjibber77
Posts: 6239 - Karma: 2,356
Thank youuuu.
Oct 17 2009 2:29PM
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ski@jaypeak2
Posts: 2800 - Karma: 394
haha 10/10 for you good sir
Oct 17 2009 2:45PM
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[BRI]noceros
Posts: 2319 - Karma: 40
your friend should have just picked up the fucking chips...also why the hell did you say mind your own business? it is his business and it's his store. common courtesy is you pick something up if you knock it down.

now that being said, he did one hundred percent act out line chasing after you and getting in your friend's face. he overreacted, and if you get a good lawyer on your side you should be alright
Oct 17 2009 2:52PM
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Dan-Man
Posts: 7480 - Karma: 3,605
assault out here is mandatory jail time... goodluck. ur lucky it wasn't felony level..
Oct 17 2009 2:55PM
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factory81
Posts: 3967 - Karma: 63
Welcome to the club,

misdemeanor assault. No jail time, no probation. Just fines. No community service even.

Although this was probably half a decade ago. Times have changed and now if you flick someone with your index finger you might end up with a sexual harassment, assault, and hate crime charge against you.


Be careful.

If you want to waste the court systems time just keep asking to delay the case, get a new lawyer midway through, challenge the evidence, raise all kinds of motions for stupid shit. My friend had a DUI charged delayed 14 months by doing this.

Wannaaaa hear the best part? There is some statute that says if you are not tried in a reasonable amount of time that they have to drop the case against you or something. Well they didn't drop it, but he was able to plead no contest, and they dropped everything down to the minimum hahaha.


Oct 17 2009 4:24PM
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SSteezle
Posts: 9221 - Karma: 9,939
k.

The person that started the fight was just another college kid in the store. After my friend left the kid turned to me and said, "Are you just gonna let your friend do that?" That's when I replied by telling him to mind his own business.
Oct 17 2009 6:21PM
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killabees
Posts: 8558 - Karma: 494
like someone else said, thats assault brotha
Oct 17 2009 6:42PM
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Calvin.
Posts: 771 - Karma: 10
So two peanuts walked into a bar. One was assaulted.
Oct 17 2009 8:30PM
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SacAttack
Posts: 168 - Karma: 10
lame,,,    you were protecting your friend, not assault
Oct 17 2009 8:52PM
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