Legal Corner

Got in a fight need advice...
hawk5686 8 Reviews 5126 reads
posted
1 / 8

Over the weekend I was the designated driver for a couple friends. As we were leaving I was pushed by a drunk guy I brushed it off and continued walking to the garage where we parked the guy and 3 of his buddies came up behind us and rushed into my car putting 2 dents and broke a window now immediately one of us called the cops while trying to keep the guys away from my car.

2 of them lunged at us and they ended up with a broken nose and some black eyes nothing more serious now cops showed up arrested the idiots and filed paper work to press charges for damages to my car. My worry is can the guys come back and press charges against me for assault or anything (i.e. my hands and feet are lethal weapons) I just don't want this idiot trying to sue me.
skb or mrfisher does he have a case??? Please any info would be appreciated

Rickshaw17 30 Reviews 3662 reads
posted
2 / 8

If your rendition of the facts is true, you acted in self-defense. The police must also have thought so as your assailants were arrested, not you. The likelihood of charges being filed against you is pretty slim.

Whether you can be sued in civil court is another matter entirely. Frivolous lawsuits are filed routinely. So, yes, you can be sued. It will then be up to you to successfully defend the lawsuit.

mrfisher 115 Reviews 4318 reads
posted
3 / 8

Ask the police for a copy of their report on the incident, and see if it portrays you in a positive light.

If so, I don't think you have anything to worry about.

If not, then I think I would talk to a lawyer and see what he thinks.

Of more concern than charges for A&B would be a lawsuit for damages.  I hope you have liability insurance just in case.

(still not a lawyer, or an insurance salesman)

I'm glad you got some licks in against the bastards though.

mattradd 40 Reviews 3886 reads
posted
4 / 8

Don't bring up any reference to, and eliminate any visuals, that are associated to your martial arts training.

marikod 1 Reviews 2788 reads
posted
5 / 8


(1) that you had reasonable  grounds to believe yourself in apparent imminent and   immediate danger of death or serious bodily harm from the assailant;

(2) that you in fact believed yourself in
 danger.

(3) that you were not  the aggressor and did not provoke the conflict.

and (4) that the force used must not have been excessive and
 unreasonable.

hawk5686 8 Reviews 2577 reads
posted
6 / 8

I already got a copy this morning. The cops say I have nothing to worry about because it was self defense even though they do not know of my martial arts training they said nothing was my fault and they have a witness from the bouncer at the bar that they followed us and we did nothing to provoke an attack.
I have full coverage insurance and the insurance is already been estimated for repairs and I don't have to pay the deductible from what my agent says.

And I got more than a few good licks he is gonna be sore for a couple days I may be a hefty guy thats why the sitting on them option works with tiny guys haha

vonrichtofenlas 15 Reviews 4185 reads
posted
7 / 8

Do what you need to do to keep track of the case against the assholes that were drug to jail.  Make sure if you need to be in court to testify against them that you are THERE.  

If they are convicted or plead guilty to the charges or reduced charges (exceptionally common) then you have nothing much to worry about in a civil action.  

The worst thing that could happen would be for you to 'no-show' a trial and them be found Not Guilty.  THEN they MIGHT find an ambulance chaser who would try to sue you.  Not too likely, but it could happen.

Not a lawyer by the grace of God.

MVR

ThePeopleRule 3322 reads
posted
8 / 8

If I understand your last post, the insurance will take care of your damage, so my response may be more for others who might be in a similar situation and read this.

At least in California, it is customary for a judge to impose as a condition of probation that the defendant pay restitution of damages to the victim.  In theory, if the defendant fails to do so an arrest warrant would be issued and he could face jail time for failing to comply.

Accordingly, the victim who suffered a significant monetary loss should make the effort to keep track of the case and appear at any court hearing.  The victim should inform the court bailiff that he is there and tell him that if the defendant pleads guilty he would like to address the court concerning restitution.

I believe that the defendant pays the court (via the Department of Revenue and Recovery) and that the victim is sent a government check.  That procedure enables the court to know there has been compliance and reduces the chance that the defendant will find out the victim's address, if it is not already known.

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