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janderson

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Ok, nothing about detailing, but I thought that you all might like to hear about our judicial system working for the underdog. Long story short: I was assulted back in March. The kid was a college grad with great ambitions to be a teacher. Some nasty racial comments left his mouth (towards my friend), and I responded (as I should have), and got wacked in the mouth (lots of blood and teeth went flying). So he thought that he was going to get off scott free.



Well I spent my day in court, but the law had its way. He was fined $1,500 and has to go to counseling, and was put on probation by the State of MD for three years (no teaching in his future). Plus he had to apologize to my friend (the one he was directing his comments to) and to me in front of the entire courtroom. Plus, I got to share my two cents about his actions at the end.



Needless to say, I was pleased at the result. I know that things have been really tough recently, but I was Blessed to see the law in action, working to take care of those who do not abide by it.
 
Damn!!! You should have whacked him back at the very least! :eek: I have the deepest respect for the law. Self defense is defined as a legal response to a physically violent act. If my fist in a Viking Cotton Chenille Mitt (with a roll of quarters in my hand) is not sufficient, then they will have to answer to Mr. S & W...



H :bounce
 
Well you are right, they would have taken care of the situation, but it happened so fast, I hardly had time to react. Well a few stiches and one fake tooth have tought me a lesson, WATCH MORE BRUCE LEE MOVIES!!
 
with the Bruce Lee/fighting aspect (hence my handle, I never responded to that thread, ooops) I will say don't feel bad, even a well trained fighter can get suckered (have seen it), and things happen VERY fast. Thats why they teach us, have the radar up and working before that. As soon as the insults start flying expect trouble...



Glad to hear you are O.K. and that you got your day in court!

:up
 
...as per the S & W issue. Don't think that that will save you every time a situation like that arises. You never know who is skilled enough to take that right outta your hands and use it against you. Fear can do a lot. especially if that person is trained and knows what to do. It's all about control. One punch ,walk away.
 
MarylandBimmr -- Thanks for passing along the good news (even if about a bad thing). It is important to see that, in the main, things are not as bad as the media portrays them



There is still a lot to correct in this country. The racist remark against your friend is an example. While not lessening the work that still remains, as we tackle the bad, we should not forget that there is much good. Thanks for sharing that good with us.
 
BIGBOYHF Wrote :



---Damn!!! You should have whacked him back at the very least!---



I wont cite Case or Statutory Law, as it is different in every state, but for the most part, in most states, its just not how it used to be 'Back-In-The-Day'...I.E...Guy punches you = You knock his block off...Csae closed, right ? NOT ANYMORE !!!

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---I have the deepest respect for the law. Self defense is defined as a legal response to a physically violent act.---



In many states this means you can ONLY exert enough force to protect yourself, and this can change from second to second...I.E...Guy smacks you in the face, causing an immediate reaction of you striking him back...You CANNOT take ANOTHER swing at him unless he again comes at you or you have reason to suspect / fear such, and even then, you can use ONLY enough force to keep him from attacking YOU...You cannot attack HIM, and if there are no witnesses, you better at least 'Look' worse off than him by the time the Cops get there, and it used to be that the Cops might make a 'Judgment Call'...Take one or both of you in or send you both your seperate ways, but in ANY case...There will be a Report filed, and the local D.A. has up to X amount of years to file charges on someone, and it may be YOU, even if the altercation was provoked by the other party in question.

------------------------------------------



--- If my fist in a Viking Cotton Chenille Mitt (with a roll of quarters in my hand) is not sufficient, then they will have to answer to Mr. S & W... ---



Again...Just be careful. Its NOT like it USED to be ! It SUCKS that people go to jail everyday in situations like this, and granted...I have used VERY extreme examples, but no less worthy of taking notes on...I know from experience :-(



Just some thoughts on the subject.



Chris Mc 3



H
 
Do not hit anyone under any circumstances. Under no circumstances will the police side with you. If both of you hit each other you will both be arrested. I have saw this at the dance clubs or bars a few times. A guy talks to a girl, the ex-boyfriend walks up and hits the guy. The guy hits him back. They both go to jail.
 
<blockquote class='ipsBlockquote' >

<em class='bbc'>Originally posted by Chris Mc 3 [/i]
<strong class='bbc'>You CANNOT take ANOTHER swing at him unless he again comes at you or you have reason to suspect / fear such[/b]</blockquote>
Bleeding and teeth falling to the floor is reason enough for me to fight back (and it should be reason enough for the judge). Especially now, personal safetly is paramount.

As a teacher once I got swung at (not as bad as you did) and the kid got a heavy suspension.
 
I was a bartender in a seedy little country bar (uggghhh!) when a regular decided I was taking too long to get his beer and came after me with a pool queue. :eek: He jumped over the bar and swung at me drunkenly. I ducked and while I was down low grabbed a metal coffee pot off a shelf, came up with it hard in his crotch and then conked him on the skull with it (gently, sure - I was gentle.) This guy was very very large. Anyway, he settled right down and I took him outside the bar and just sat him down, locked all the doors, and called the cops. They asked what happened, I told them and they just died laughing. The guy spent the night in jail and was banned from the bar for life (this actually bummed him out pretty severe.) They didn't even check with any witnesses if I remember correctly. Now, this was a SMALL town (to Brad B - hint: Grant Winstrom is from there.)
 
Sorry its taken me so long to respond, but my damn Internet connection was totally screwed up all day yesterday.



I certainly did not mean for my post to be taken as seriously as some have taken it. I am well aware of how the law interprets and justifies self defense, especially when the use of deadly force is involved. It is always best to retreat and let the police handle matters if at all possible. Unless you expect further attack, self defense is not a valid argument. Furthermore, even if you are being pursued by an attacker (at least in the state of Florida), you are required by law to retreat if possible (even if you are in fear of your life) before defending yourself with deadly force. The only exception to this rule is if you are in your house (Castle Doctrine) which says you do not have to flee from your house if you feel your life is in danger. I am not a lawyer, however I have a concealed weapons permit and take my responsibilities very seriously. I have never drawn my gun on anyone and certainly hope that I never have to. But after getting mugged in NYC 20 years ago (at gunpoint), it gives me some comfort to know that I may be able to protect myself, my family and my property if I am forced to, should the appropriate situation arise.



As for MarylandBimmer, I wish you well and hope you never have an incident like that again! Just in case though, I am pretty sure that packing a roll of quarters and a Chenille Mit are legal in Maryland.... ;)



H
 
I was just saying not to 'Assume' the Law will be on your side. The problem is when you are attacked, many (most) times you have literally only SECONDS (or not even THAT) to Think / Respond, and as another poster said (Ronnin ?) from that point, it seems everything moves at the speed of light.



When someone comes over the counter at you, or even confronts you in your place of business, you have MUCH more legal cause for the use of (and including 'Deadly') force, but you still have to be careful.



Hell...As far as 'Bars' go...I have been in places where if you so much as touch the waitress or even look at the bouncer the wrong way, thay can beat the living @#$% out of you, throw your bloody body out into the parking lot, then call the Cops and have you arrested for a variety of charges and there is NOTHING you can do, aside from filing a Civil case. (which usually will go no-where)

I no longer frequent these places, matter of fact, if the place has a need for a 'Bouncer' I dont go in.



My problem is I am one of these 'Easy Going / Quiet' types and it takes much to provoke me, but when I 'Snap' I go absoloutely BALLISTIC, and I truly think I am capable of permanently harming / killing someone, so I am very careful.



These days I try to pull in my 'Horns' a little and ignore those of others, and I have developed a 6th Sense (of sorts) as to anticipating trouble, in which case I take a 'Defensive' stance, which usually wards off trouble...The guy who started this whole thread was dealing with a P-U-N-K who knew (hoped) this guy would not anticipate his attack...IOW...The famous Sucker Punch !!!

I have seen this SOooo many times :-(



Rule of thumb...Try to anticipate trouble and be ready for it, BUT...I live in a very 'Urban' area whith alot of shady (Low-Life actually) characters, and at night, on the street, I have what I refer to my Safety / Comfort zone which is NOT to be infringed upon..(Those of you in NYC will understand)...and when it is, all bets are off...FORGET anything 'Legal" I talked of previously...I'm going to put this person down HARD, and down hard the FIRST time, that is...unless you just LIKE going 'Toe-To-Toe'...duking it out with complete strangers on a dark street corner LOL !!!



Oh yeah...I would try to keep the Cops out of it in the afore (above) mentiond

scenario <g> (if at all possible)



Have a great week all.



Chris Mc 3
 
Ok, here is the background of my situation. The guy was a friend of my fraternity brother's from college. I had a party at my apartment, and they came over. I was out, getting some things, and came back to hear arguing coming from the bathroom area.



I came back to find my best friend (African American) getting talked to by three white guys about N*$%@ (very nasty word). My eyes almost popped out of my head. I told the guy (who I have never met), to get out of my apartment. He was wasted, and just ran his mouth. The guy seemed to be all talk, but continued. I told him again, and he did not leave. Well, out of nowhere, he just slugged me in my mouth. Split my lip (about three stiches) and knocked out my tooth (let's just say that root canals are no fun).



I was in shock at what happened. Before I could react, they had pulled the guy away. I could have wo-shambooed him, but at that point I realized that he was in great peril, as I had already asked him to leave, and then he struck me.



I did not want to have this guy have a criminal record forever, but I did want him to fess up and apologize to my friend for what he said. The judge was going to go hard on him, but after my decision to make him go to therapy and publically apologize, I realized that was about all that I could do. I knew that he would get off down the road, as he had no criminal record.



In the end I learned two valueable rules. One, always keep your hands out of your pockets. Keep your distance when getting rid of drunken people.



So that is my story, much abbreviated, but my story all the same.
 
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