Going to Court on Assault Charges - Jan 7th, 2010 - Need Advice

[Dust 2 Dust]

You have every right to see the tape if it's going to be presented as evidence against you in a trial. The state can't use it as evidence against you in court without allowing you and your lawyer to view it. You have the right to examine and counter argue any evidence presented against you.

You need to lawyer up quick. Even a noob fresh out of law school could easily defend this case

 

[Dust 2 Dust]

I posted my story on another site and on a free legal advice forum, and I'm getting the same answers as far as the tape goes. I have a right to view it. So why did the principal and officer refuse to show it to me? Is there anything I can do to punish him for that?

You won't be able to punish them, but the judge is required to throw out any evidence that isn't presented to the defense for cross examination.

 

[NO_BODY]

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Get a good lawyer buddy.

Whatever your feelings are about this right now and in the future, don't do anything to that b1tch. If you can move, and it sounds like you'll need to move. Basically this little b1tch has a much greater chance of ending up strangled at some point in her life. You will be the prime suspect if that happens. Thus it's a very good idea to move to a different town or state or country.


This society is going to hell sadam and gamora style. People were encouraged to develop their I self-fishness. All you need to do is drive on the highway to see that, all those people tailgating, driving 20 over, carrying about nobody but themselves. Self-fishness is at play here as well.


I have a serious question to you, and this is a question I asked myself before. Do you want to raise your children in this sh1t whole?

 

[Joeybphs]

I can't sue her for assault and battery, according to the tape I wasn't allowed to see, she doesn't hit me, only runs at me and hits my raised foot.

The running at you is the assault, and the touching your foot is the battery.


http://www.lexisnexis.com/lawschool/study/outlines/html/torts/index.asp

§ 1.02 Battery [7-10]
[A] Overview and Definition
Battery occurs when the defendant’s acts intentionally cause harmful or offensive contact with the victim’s person. [See Restatement §§ 13, 16, 18.] Accidental contact, by contrast, must be analyzed under negligence or strict liability.

Intent Requirement
While battery requires intent, the prevailing tort definition does not require an intent to harm. It is only necessary that the defendant intend to cause either harmful or offensive contact. [See, e.g., Vosburg v. Putney, 50 N.W. 403 (Wis. 1891).] The transferred intent doctrine is applicable to battery. [See § 1.01 , supra.]

[C] Harmful or Offensive Contact
Battery encompasses either harmful or offensive contact. Even trivial offensive contact can constitute a battery.

[D] Causation
The defendant's voluntary action must be the direct or indirect legal cause of the harmful or offensive contact. However, defendant need not herself actually contact the victim.


§ 1.03 Assault [10-15]

[A] Overview
The ancient tort of assault represents the still controversial recognition that pure psychological injury should be compensable. [See I de S et Ux v. W de S, Y.B. Lib.Ass., fol. 99, pl. 60 (1348).]

Definition
Assault occurs when the defendant's acts intentionally cause the victim's reasonable apprehension of immediate harmful or offensive contact. The Restatement, unlike many courts, deletes the requirement that apprehension be “reasonable”. [See Restatement §§ 21, 27. See also, e.g., Castro v. Loral 1199, National Health & Human Service Employees Union, 964 F. Supp. 719 (1997).]

[1] Intent Requirement
Assault is an intentional tort. The defendant must desire or be substantially certain that her action will cause the apprehension of immediate harmful or offensive contact. The transferred intent doctrine is applicable to assault. [See § 1.01 , supra.]

[2] Apprehension
The victim must perceive that harmful or offensive contact is about to happen to him. [See, e.g., Western Union Telegraph Co. v. Hill, 150 So. 709 (Ala. Ct. App. 1933).]

[3] Imminent Harmful or Offensive Contact
For assault to be actionable the victim's apprehension must be of imminent harmful or offensive contact. [See, e.g., Stump v. Wal-Mart Stores, Inc., 942 F. Supp. 347 (E.D. Ky. 1996).]

[4] Fear versus Apprehension
The Restatement and several court decisions distinguish between "fear” and “apprehension.” The requisite apprehension of imminent contact need not produce fear in the victim. [See Restatement § 24 cmt. b.]

You're quite amazing, BB. Thanks for the help.

 

[Joeybphs]

Can you clarify the suing for Breach of Duty? What exactly did they do for that?

Secondly, since I asked to see the tape and he refused, does that mean it can't be used against me in court?

I'm sorry for all the questions, it's my first time going through this sort of thing.

 

[Bible_Belt]

Suing the school is probably pointless, in the sense of actually winning the case. It would be far-fetched, and more of a negotiating ploy than anything else. But if they are already expelling you, then you have nothing to lose. Maybe they would let you back into school in exchange for not having to pay their own attorney to defend them. I think if they are going to expel people for assault, then they should have a duty to being able to understand at least what assault is, as well as understand self-defense. You could also claim that you were discriminated against because of your gender. If it had been another guy, they would have not instantly taken the other side.

They can and would use the tape against you in court. You have the right to subpoena it before the court date so as to be able to adequately prepare your defense, but you have to exercise that right by taking action. Otherwise, you don't have the right to see it until trial, at which time you have the right to cross examine the presenter of the evidence.

You probably won't go to trial. The idea behind getting a lawyer is mostly to intimidate the other side, in this case the state, to accept a better plea deal. If you are going to actually defend yourself all the way through a trial, be prepared to spend at least $10,000 on an attorney.

 

[Joeybphs]

Suing the school is probably pointless, in the sense of actually winning the case. It would be far-fetched, and more of a negotiating ploy than anything else. But if they are already expelling you, then you have nothing to lose. Maybe they would let you back into school in exchange for not having to pay their own attorney to defend them. I think if they are going to expel people for assault, then they should have a duty to being able to understand at least what assault is, as well as understand self-defense. You could also claim that you were discriminated against because of your gender. If it had been another guy, they would have not instantly taken the other side.

They can and would use the tape against you in court. You have the right to subpoena it before the court date so as to be able to adequately prepare your defense, but you have to exercise that right by taking action. Otherwise, you don't have the right to see it until trial, at which time you have the right to cross examine the presenter of the evidence.

You probably won't go to trial. The idea behind getting a lawyer is mostly to intimidate the other side, in this case the state, to accept a better plea deal. If you are going to actually defend yourself all the way through a trial, be prepared to spend at least $10,000 on an attorney.

If you were in this situation, what would you do? Just plead guilty and pay the fine?

 

[Alle_Gory]

I posted my story on another site and on a free legal advice forum, and I'm getting the same answers as far as the tape goes. I have a right to view it. So why did the principal and officer refuse to show it to me? Is there anything I can do to punish him for that?

Yes there is. You can talk to a lawyer. First consultation is free.

 

[Bible_Belt]

what would you do? Just plead guilty and pay the fine?


If you have the money at all, it is always best to get an attorney. What usually happens is that when the DA sees that you have a private attorney, they will usually make a more generous plea deal. Then your lawyer will tell you to take that offer, because they are lazy and just want to keep your money for doing next to nothing. However, the overpriced and lazy private attorney that you will purchase is still probably worth it...probably. Nothing in life is for certain, but I think it would be worth it just to get a copy of the tape.

Regarding the school, you should pursue the formal appeals process for people who get expelled. I would guess that you can petition the school board to reconsider.

On the one hand, you won't really have a criminal record, because you are a minor, but on the other hand I can also tell you that most professional licenses that do background checks will require you to disclose all of this, even though you were a minor when it happened.

 

[fertileTurtle]

When you talk to a lawyer, make sure he says he can win this case. Make sure he sounds confident. I got one once who wasn't worth a crap. He would make all these promises, but nothing specific. Oh yeah, and he was drunk. That should have clued me in.

You may be able to look his name up in your county records online to see what cases he's been involved with.

 

[Joeybphs]

When you talk to a lawyer, make sure he says he can win this case. Make sure he sounds confident. I got one once who wasn't worth a crap. He would make all these promises, but nothing specific. Oh yeah, and he was drunk. That should have clued me in.

You may be able to look his name up in your county records online to see what cases he's been involved with.

Yeah, we got a lawyer. He said he'll go subpoena the tape no problem, see what's going on and try to get the case dismissed. At the very least he promised a deferred prosecution.

 

[Wiesman44]

1) my condolensces about your mother, OP. That must be tough at a young
age.

2) I deal with criminals on a daily basis. This premesis is the same as most of the stories that i hear from these guys. The OP, you are trying to make yourself seem like the victim, when you are indeed the assaulter ! You have all the evidence pointing against you, and video cameras to prove it. On top of the fact that the girl pressed charges ! there is absolutely no reason, based upon your story, that the girl would have reason to press charges against you if you were indeed telling the truth.

Perhaps you should try and show the court that you have anger issues after your mother died ? maybe they would drop the assault charges and make you go into some classes instead. Sounds like a better route to me.

 

[Alle_Gory]

there is absolutely no reason, based upon your story, that the girl would have reason to press charges against you if you were indeed telling the truth.

Why would the girl charge at him then?

 

[Wiesman44]

Why would the girl charge at him then?

Well that also makes no sense. Why did she just randomly charge him ? B/c he called her a slut after she made fun of his dead mom ? Women just don't charge guys looking to pick a fight. There's something else to this that he's not telling us. Seems like just a lot of half-truths mixed in.

Also, from the sounds of it, this isn't OP's first offense at this school. Seems to me that the OP is a frequent trouble maker, based upon what the girl said.

 

[Joeybphs]

Well that also makes no sense. Why did she just randomly charge him ? B/c he called her a slut after she made fun of his dead mom ? Women just don't charge guys looking to pick a fight. There's something else to this that he's not telling us. Seems like just a lot of half-truths mixed in.

Also, from the sounds of it, this isn't OP's first offense at this school. Seems to me that the OP is a frequent trouble maker, based upon what the girl said.

I was ****y, yes, and popular with a lot of people. My being expelled upset a lot of people. They can revoke me for anything at any time. The principal was being very one-sided.

I know what I said to the girl was inappropriate, and yes I'm sorry for it. But I learned from my first assault charge 3 years ago, to walk away before things got physical. Now after I try to learn from my mistakes, I get punished because a girl charged after me and warped her story a bit to make her seem like the victim.

 

[fertileTurtle]

1) my condolensces about your mother, OP. That must be tough at a young
age.

2) I deal with criminals on a daily basis. This premesis is the same as most of the stories that i hear from these guys. The OP, you are trying to make yourself seem like the victim, when you are indeed the assaulter ! You have all the evidence pointing against you, and video cameras to prove it. On top of the fact that the girl pressed charges ! there is absolutely no reason, based upon your story, that the girl would have reason to press charges against you if you were indeed telling the truth.

Perhaps you should try and show the court that you have anger issues after your mother died ? maybe they would drop the assault charges and make you go into some classes instead. Sounds like a better route to me.

Once again demonstrating what quality human beings power makes out of people. I'm sure the lawman is always right in your eyes. You have a lot of growing up to do. No reason to press charges? You are also demonstrating the stereotype that most law enforcement personal are meatheads, who don't understand what logic and deductive reason is (inductive reason is common in meatheads) nor do you understand human nature, and certainly you couldn't make heads or tails out of the Constitution if your life depended on it. Everything works in a nice little system in your infantile mind. It makes life easier that way, so you don't have to deal with the adult way dealing with reality.

 

[fertileTurtle]

Also, from the sounds of it, this isn't OP's first offense at this school. Seems to me that the OP is a frequent trouble maker, based upon what the girl said.

What kid doesn't get in trouble these days? Our police state certainly has not improved our quality of life in the least bit, and guess what, kids are kids. They do stupid spit. She charged after him. If that is true, than everything you said is wrong. You are looking at this in the typical one-sided way law enforcement deals with crimes on a daily basis. They always pick favorites, and you are a tool enough to side with the meathead who came in after the fact and had not a clue what went on. Why didn't the policeman let the guy see the tapes if he thought he was guilty? Answer me that one sherlock. Do you believe in due process? If so, you are innocent until the evidence is shown that you are guilty. You probably do not have a problem with this at all: http://www.wjla.com/news/stories/1009/671134.html

because lawman is always right.

Stand up and be a man for once in your life. When you see the cops cross the line, call them on it. I stood up to a cop who was trying to bully my little sister when I was 19. I was a skinny little punk back then. I couldn't even fight back then, but I saw my sister being wronged and punked the big-cop just enough to leave her alone. I also carried a tape recorder with me and taped the cops so they wouldn't mess with me. I "interviewed" the meathead and he didn't like it so he let the younger, dumber, stronger cop slam my face all over the place and had me a little banged up. Guess what? I went to jail and had to face the judge by myself with no clue what to do. What did I do? I just stood my ground and fought back verbally the best I could. And guess what happened? I plead "not guilty" and the case was thrown out. Ha. The judge was a much smarter man then the two idiot cops. I appealed to his reason and used deductive logic to win, that was all. I know nothing about the law whatsoever. I was told just to plead guilty BY MY PARENTS even. I didn't do it your way lawman. Screw that.

 

[Wiesman44]

But I learned from my first assault charge 3 years ago, to walk away before things got physical.

Once again demonstrating what quality human beings power makes out of people. I'm sure the lawman is always right in your eyes. You have a lot of growing up to do. No reason to press charges? You are also demonstrating the stereotype that most law enforcement personal are meatheads, who don't understand what logic and deductive reason is (inductive reason is common in meatheads) nor do you understand human nature, and certainly you couldn't make heads or tails out of the Constitution if your life depended on it. Everything works in a nice little system in your infantile mind. It makes life easier that way, so you don't have to deal with the adult way dealing with reality.

1) I am law enforcement. Still a probie though.

2) My statement of "i see this stuff all the time was said for a reason" his story just screamed bs to me and the facts do not add up.

3) Now he admits to having a prior assault charge. All the tangible facts point to him assaulting some girl, and he has a record, and I am the meathead and have growing up to do ? Really dude ?


Oh, and damn straight the lawman is always right in my eyes. Of course you are going to have those that are innocent put in jail, and you are going to have dirty cops. There's no denying this, but thats the exception rather than the rule.

 

[Alle_Gory]

2) My statement of "i see this stuff all the time was said for a reason" his story just screamed bs to me and the facts do not add up.

So you add them up anyways and blame him. You don't know what the hell really happened and why the girl made that stupid move and yet you still believe that he is the one at fault.

3) Now he admits to having a prior assault charge. All the tangible facts point to him assaulting some girl, and he has a record, and I am the meathead and have growing up to do ?

Anything can be considered assault. You touch someone, its assault.

Oh, and damn straight the lawman is always right in my eyes.

Damn straight. If you had a change of heart, you wouldn't be a lawman.

Now why don't you go give out some jaywalking tickets to old ladies or something?

 

[fertileTurtle]

1) I am law enforcement. Still a probie though.

2) My statement of "i see this stuff all the time was said for a reason" his story just screamed bs to me and the facts do not add up.

3) Now he admits to having a prior assault charge. All the tangible facts point to him assaulting some girl, and he has a record, and I am the meathead and have growing up to do ? Really dude ?


Oh, and damn straight the lawman is always right in my eyes. Of course you are going to have those that are innocent put in jail, and you are going to have dirty cops. There's no denying this, but thats the exception rather than the rule.

Yeah you are a meathead. She ran after him. That's assult pretty simple. But whatever. She should have a record after this not him, so ok. In fact she ran into the guy's foot. So what? Why even call the police? I think people for the most part need to take care of their own problems and let the police handle the important crimes. I know that police are constantly having to be called out to bullspit calls where the people just need to grow the fvck up and handle their own problems. In fact, in most of the rural areas, police will TELL you just that. "Buy a gun and shoot him dead, so he can't sue you after he breaks into your house, etc."

But for the record, most of the police officers I know (I am good friends and family even with a handful) and most of the ones I have come across are damn good people, who are not perfect, but sincere. Those guys are usually the ones who have been around and know what's up. In fact, I saw no problem when a State Trooper here in SC beat the living crap out of this idiot who almost ran a bunch of Troopers over in a dump truck. The Trooper got in trouble, and I called foul. That WAS NOT police brutality. That was defending his men. Police have to be tough, I understand that, but the ones who deal with kids, for the most part seem to not know what's up, kids are not for the most part harden criminals. They should be given a break to some extent. They need to learn how to behave, but police go overboard with kids all the FVCKING time.

I've said what I said, so there is no reason to go on with this. Just be the one doing the right thing and people won't resent you so much. Peace.