Need serious advice - Off the site topic, Will I do jail time?

JohnnyBudZ · 07-13-2008, 02:22 AM

Im sorry for posting this on the site but I havnt received a yahoo answer in 2 hours and I'm wondering if im looking at trouble...

I was at a party last night, im 16. These two drunk 19 year olds got word that I "inaproprietly" touched his gf. I was with my boy the whole night who can verify that i did not even go NEAR his woman the entire night. As i was leaving i was punched in the back of the head that caused me to fall down the stairs. As I was laying on the end of the stairs the kid ran down and i was kicked in the ribs... these kids were both over 6', and im 5'8. My friend then ripped one of the kids off of me which just attarcted completel attention to him. I ran up the stairs because i had another friend who was staying at the house at the time whos huge and could defend me for the time being. Once i got to the top of the stairs my leg was pulled and i dropped to the ground getting kicked again in the ribs. I saw a bat leaning againt the wall a few feet a head so i jumped foward and grabbed it.. at the time i leand up and swung hitting one of the kids iw as being jumped by in the hand becuase he coverd his face.. i then hit his shin and he fell....I hit him once again and his hand started to bleed... i didnt wanna push it, also didnt see my friend who could help me.. so i took the bat and ran out the door.. while my other friend was outside wrestling with the kid.. THEN sean (my friend) got his hands on pepper spray... and sprayed it at the kids face and then got up and ran..

Can I do time for aggrivated assault? Or can my friend sean be looking at anything for the pepper spray? I also have a degree in BJJ, (Jiu jitzhu ) someone told me i could be looking at worse charges beucase of that?

Idn im out on a limb here.. i havent been arrested yet but I know the cops are soon to come around. I'm a little nervous..

tycoonlogan · 07-13-2008, 02:42 AM

Hi,

I'm not a lawyer or anything, so don't take my advise to heart.

Depending on the circumstances (your alcohol level and other substances at the party), you should be able to get off with self-defense if any charges are pressed, especially since no one was seriously injured.

If the ones who beat you up knew any better, they wouldn't go running to the cops. They were assaulting a minor and were partaking in underage drinking. If anything, use that as leverage if they attempt to press charges.

Let's hope nothing happens, but if so, don't speak to the police without a lawyer. Legal counsel is always a good thing to have when dealing with law enforcement, guilty or not.

Good luck! =]
- Logan

JohnnyBudZ · 07-13-2008, 02:53 AM

thanks so much, really appriciated.

RLorenzen · 07-13-2008, 05:46 AM

I'm not a lawyer either but I would say that if anyone is going to be arrested it will be the guys who beat you up. As you are a minor, it is illegal for them to touch you.

There are several people with legal backgrounds on the forum so hopefully one of them will post soon.

Good luck.

Mega B · 07-13-2008, 06:26 AM

With a header to this thread(Need serious advice) as i am not Legally qualified to help i take it you have told your parents due to the age aspect and this is only my opinion i would think it would be better to seek help from the proper legal people who can guide you rather than coming to a general Forum asking for advice.I am sorry i cannot help you but only guide you with words of widom

Mega.......

zharlene · 07-13-2008, 06:32 AM

I agree with the others, it's leaning towards self-defence. Also, you're 16 (minor) so I doubt you'll spend time in jail. If those guys don't want to be in trouble, they better not report the incident...esp. because they were the aggressors, and they are 19 (adults).

JohnnyBudZ · 07-13-2008, 08:52 AM

Well no the thing was that i ran OUTSIDE with the bat, One of the kids then came out and it was just a screaming match between him and a few of my friends.. and the neighbors heard and called the police. So then when the police arrived the girl who was having tha party started to get nervious she didnt wanna get caught, so she made it look like it was just kids who showed up to fight. So its not like THEY called the cops on me.. i could totally see why they wouldnt. I just really dont wanna go down for Aggrivated asault with a deadly weapon, and im sure you understnad.

As far as i heard was that the police had a warrant out for me. My father owns a garbage company and has many connections to city officials and such so i guess i could check? I just dont wanna get my parents involved enless absolutley ness.

SerialEntrepreneurs. · 07-13-2008, 09:27 AM

do you have many unbias witnesses?

Did you go to the doctor OR hospital?

tycoonlogan · 07-13-2008, 11:05 AM

Quote:

Originally Posted by JohnnyBudZ

Well no the thing was that i ran OUTSIDE with the bat, One of the kids then came out and it was just a screaming match between him and a few of my friends.. and the neighbors heard and called the police. So then when the police arrived the girl who was having tha party started to get nervious she didnt wanna get caught, so she made it look like it was just kids who showed up to fight. So its not like THEY called the cops on me.. i could totally see why they wouldnt. I just really dont wanna go down for Aggrivated asault with a deadly weapon, and im sure you understnad.

As far as i heard was that the police had a warrant out for me. My father owns a garbage company and has many connections to city officials and such so i guess i could check? I just dont wanna get my parents involved enless absolutley ness.

Unless names were given out, you should still be fine. The municipal police cannot press charges unless a crime against the people was committed. However, they could've given you a citation, but that should have happened at the party.

Did the police come and question folks at the party?

zharlene · 07-13-2008, 11:45 AM

Well now that you guys are all sober, I think the best thing to do is to settle it in a diplomatic way. That way, any charges pressed on anyone can be dropped. You really don't want anything on record at this point, so if you have to be the man and apologize first then that's the best way.

tycoonlogan · 07-13-2008, 02:04 PM

Quote:

Originally Posted by zharlene

Well now that you guys are all sober, I think the best thing to do is to settle it in a diplomatic way. That way, any charges pressed on anyone can be dropped. You really don't want anything on record at this point, so if you have to be the man and apologize first then that's the best way.

This is a great way to take care of the situation... It's courteous, very nice way of dealing with it. =]

ya0505 · 07-13-2008, 03:03 PM

I would advice you to go to police and file a claim against the guy who beat you. I am a master in Kickboxing, I already experience this. I caught someone who was breakin in my car. I beat him up when the police came, he was the first to say that he was beaten by me; therefore, I needed to take a lawyer to defend me while the state hire one for him. At the end, I won but I spend my money for a lawyer.

BusinessAdviser · 07-13-2008, 09:05 PM

Do Not Take Any Legal Advice From This Thread. You're Barking Up The Wrong Tree.

Do Not Speak With The Police Or Anyone Else About The Situation. If You Are Approached About It, Do Not Answer Any Questions Or Make Any Statements. Instead, Respond That They Can Speak With Your Attorney And No Longer Respond. Then, Hire An Attorney.

By Coming To This Forum And Speaking, You've Just Admitted That You Hit Someone Else With A Bat. Regardless Of The Circumstances, You Just Admitted This, And It Can Be Used Against You.

Get The Hell Away From This Forum With This Situation, And Follow This Advice. (which, For The Record, Is Not Legal Advice.)

JohnnyBudZ · 07-14-2008, 12:46 AM

Quote:

Originally Posted by zharlene

Well now that you guys are all sober, I think the best thing to do is to settle it in a diplomatic way. That way, any charges pressed on anyone can be dropped. You really don't want anything on record at this point, so if you have to be the man and apologize first then that's the best way.

hahahaha alright so I get jumped for no reason, punched in the back of the head and pushed down the stairs, I so happen to defend myself with a bat, and im apoligizingg?!?!!??

Get the fccccccccccck outta here. I do agree the diplimatic way is right, but there is no way on gods green earth would I EVER apoligize, not even in court!

Bill Moran · 07-14-2008, 01:36 AM

Hi Johnny

You have asked for and been given SERIOUS advice from several sources - who I agree with

Then you throw the advice back!!!! With insults!!!!!!

Thats like asking a friend for medical advice - unless he is medically qualified why would you listen?

If you need legal advice speak to a legal person, the commonsense advice from 'common' people on this Forum is as sound as I have seen - so I cannot add further - simply extend one point - You do not wish to 'Do time' - if an apology kept you from doing time why would you refuse to apologise?

I also agree with the thread above - by putting it 'OUT THERE' on the web it possibly could be held against you.

Therefore - be responsible and seek legal advice from the appropriate sources not from this Forum

Bill