Thread: Legal advice, help please.

You threw the first punch? That's how I got sued 12 years ago for hitting a guy that threw my girlfriend against a car at a party

Are you bigger? Are you trained in martial arts? Was he hostile, aggressive and dangerous? Do you have a record?

Getting some 'witnesses' from the party testify on your behalf wouldn't be a bad idea, if he files a lawsuit.

It's all about proportionality.

BTW, good punch.

I threw the first punch yes, he was pushing me hard however. I would be bigger but not by much, not in height. I have no MA training. He was very aggresive when I was relaxed, and he got progressively worse without me instigating. I have no record relating to violence. My gf seen it, and so did the girl I was sitting with.

Originally Posted by Irons77

You threw the first punch? That's how I got sued 12 years ago for hitting a guy that threw my girlfriend against a car at a party

What was the verdict?

I had to pay the meds bill and pain and suffering. I will never forget, 4,777.78 dollars just because of defending my girl at the time. It came down to me throwing the first punch. I learned to take the first punch and then kick some ass. Has he said anything to you yet?

No he hasn't but I'm pretty sure he will. It was only 3 days ago and he doesn't know me personally.

Originally Posted by Irons77

I had to pay the meds bill and pain and suffering. I will never forget, 4,777.78 dollars just because of defending my girl at the time. It came down to me throwing the first punch. I learned to take the first punch and then kick some ass. Has he said anything to you yet?

Does my situation sound like it has a better chance then yours? He was a physical threat to me before I hit him.

Originally Posted by Mista

Does my situation sound like it has a better chance then yours? He was a physical threat to me before I hit him.

Dude but the kid was a minor........good luck really but I say your guilty.

legally speaking

So they just look at age? I was afraid of that. But really how was I ment to know how old he was.

By the way here in AU 18 makes you an adult.

It does because he put his hands on you first, it all depends on the judge in small claims. Just don't lie about anything bro they will bust you jf you and your witness don't match with your stories. Size does not matter here. Which state are you in?

South Australia, Australia.

I've never been in that situation like that but think about it. You stand in court room next to a kid thats has a fucked up face. He is 17 and you are 21; ouch......Get as many witnesses as possible, so they could testify he started provoking you. Also remember you threw the first punch, looks bad. Good luck

Originally Posted by HialeahChico305

I've never been in that situation like that but think about it. You stand in court room next to a kid thats has a fucked up face. He is 17 and you are 21; ouch......Get as many witnesses as possible, so they could testify he started provoking you. Also remember you threw the first punch, looks bad. Good luck

That's what hung me, he was older then me too. I was 18 he was20.

Two different countries, good luck bro. Let me know what happens

Originally Posted by Irons77

That's what hung me, he was older then me too. I was 18 he was20.

yea but 18 means he is a adult in texas ;correct? because 17 and younger is considered a minor here in florida.

Have you heard anything about it since it happened? Did the guy know your name, or find it out?

Nothing yet, but yes he knows my name now.

I think the age difference will be the only thing that might get you (since you are older, a judge may "expect more from you"). However, nowadays 17 is often times considered adult, and depending on the state, hitting someone first in defense of aggressive action and pushing is considered self defense and justified.

What makes you think he will try to take this the legal route? Like you said, it has already been three days; why hasn't anybody shown up at your door yet?

People that know him all seem to think he will try get money out of me. They just said he's that type of person from that type of family.

Seriously man, good luck. You obviously did the right thing, he was the one being aggressive, minor or not.

Like has been said, the truth is your greatest ally here. Get those witnesses on the phone just in case.

Just the obvious stuff like not losing your temper or raising your voice to any person of authority from here on out (police, courts etc) no matter how pissed you get at this kid. Always be 100% cooperative.

If they see all the way through that you're not a violent or angry person, and were just threatened at the time, that'll go in your favour.

I only throw punches when I'm out numbered, one on one I'll use a wrist/arm lock or a throw....remember it doesn't take much effort to dislocate an elbow though so you gotta be careful.....

Oh and remember that thread on here about not talking to anybody without legal representation, hell maybe you said too much here already????

Originally Posted by Irons77

You threw the first punch? That's how I got sued 12 years ago for hitting a guy that threw my girlfriend against a car at a party

Nothing like kindergarten girl drama..

Originally Posted by soxmuscle

Nothing like kindergarten girl drama..

It sucked

Irons you didn't get the short end of the stick because you hit him first . . . . You broke the law and committed assault. Pushing "my girl" doesn't give you the right to play judge, jury and executioner. If everyone acted like that we would be in a state of chaos. While the other person may of been guilty of battery you don't have the right or duty to "defend" her. Its the fucking law, it had nothing to do with the first punch, who knows if there would of been a punch if you didn't throw it. You assaulted him and got what you deserved. Seeing how you talk though I can see how you might be confused, you probably viewed "my girl" as your property and you are allowed to use force in some situations to defend your property from theft or damage, but the law doesnt view "my girl" as your property. So stop whining, I am sure this all played out in court and you presented your side and were denied because even IF(and thats a big if) everything you said was true you were still wrong.

On the other end you can throw the first punch and be in the right in the laws of the eyes. I dont AUS law Mista, but here in the states you actually have to have tried to remove yourself physically from the situation before you can result to violence. Also if the party was at your place of residence you will have an easier time since you don't have much else to retreat too. but thats US law.

EDIT: Ohh i forgot one other situation were you can defend another person, but those few cases only apply to family members and the girl you were trying to finger bang isn't considered family . . . . . although I wouldn't put it past you.

cont. . .

Anyways Mista, if you are able to prove self-defense because you felt threatened your action must be proportionate to the threat. Him pushing you and you shattering his face are pretty disproportionate. I would argue that the threat that he knew everyone at the party would make that action proportionate though. Again this is US law, get a good lawyer and you can justify almost any action.