so im being charged with assault causing botily injury

[JIUJITSUFIGHTER]

long story short, standing by myself, outside a mall, three guys around 15 or 16 yrs old threw snowballs at me, swore at me , i approached them asked what the problem was, they asked if i wanted a fight. I elbowed the guy in front of me as soon as he said that. The other 2 people who were next to him just stepped back. than i left the scene.

 

im 17 by the way, so it will be charged in juvenille court, if tried at all

 

what would you have done?

[cross]

Good use of the pre-emtive strike .

 

Bad luck about the charges.

[Looneyas]

Get a grip, U acted without thought, You used You skill not for defence but to act big, Dont be a thug use your skill as a last resort not shoot first ask questions later. If u do get charged I hope u learn a lesson from it. As u did assult the other party...

[TheDevilAside]

Dont be a thug use your skill as a last resort not shoot first ask questions later.

 

...He did ask first. I would have done the same, do you honestly think if he would have said "no" they would have left him alone? No, probably not. So yes, good use of a pre-emptive strike... also, you were outnumbered by two. I'd rather ask questions later and have him be on the ground rather than asking the questions after I'm on the ground.

[John G]

So lets get this straight, you were standing outside the mall and three guys for no reason at all decided to throw snow balls and swear at you.

 

As a seventeen-year-old and not knowing better, I would have done the same as you if not worse. These days I think twice, things like criminal records, litigation, hospital bills, time of work, having to explain every detail of happened to the police and everyone else, filling out paper work etc… makes its all to darn hard just for the sake of not loosing face or to keep my silly pride intact.

 

These days, I would turn my back and walk back into the mall. It’s just not worth the hassle or loosing sleep over. But I guess your finding that out the hard way.

 

You can’t change the past only the future, it's your choice not ours.

[Martial Boy]

Well, am nearly the same age as you but if I were in your situation I just ask them whats your point of that and crack his neck or kick him on the ground but if he is with his friends normally they never back down from a fight they always join in, so it very rare they back down you're lucky though, I use to get this guy after school with his friends after a big arugument at school I punched the guy in the face twice then his friends knee me on the fence near my school, so you are very lucky not to get hurt.

 

I do agree with John G, it doen't worth it normally I stared at have a good look at them and back down, mostly if they're with freinds.

 

MA is a wise art.

[Rich_2k3]

It would depend on how intimidating the ppl were and if I thought they were going to attack me, sometimes they just like to talk big. However I think pre-emptive strikes are key to defending your self and if I thought I was going to be attacked I would have done the same. Besides you only hit him once and then left the scene, and there was a group of them, thats exactly what u should do in a self-defence situation.

[delta1]

It was probably a mistake to approach them. But, once they indicated they wanted to fight, three on one, you were justified in pre-emptive striking.

 

Hard to say what the court will make of this, but I'm guessing they'll try to get you to cop a plea to a lesser charge. They will tell you that as a juvenile, it won't go on your permanent record. At this point, THEY ARE LIEING TO YOU! There are records, and they can be used against you the rest of your life. The biggie is Interpol, and if you ever decide to travel this one can bite you big time. Many US citizens are nailed by Canadian authorities for lieing when they enter the country. Convicted of minor offenses as juveniles, they were told their records would be cleared at 18, so they answer no when asked about previouse convictions. If Canadian officials check, for any reason, the person is arrested and charged. Of course, answer yes and you can cancel any immediate travel plans.

 

If you can, get a good lawyer. Meantime, shut up! Starting with us here, do not make any more statements to anyone without your lawyer present. Sit down right now and write down everything you can remember saying to anyone. Details are important- exactly what was said, when, to who, and who might have overheard. Most of this will be approximations, and should be noted as such. If you have exact times or quotes, log why you have such details hours or days after the fact. Don't forget to note the exact time and date you made the notes, and any additions or changes. Make the notes neat, and changes should be made by crossing out the error with one line,writing the change, and initialing all changes. The ONLY person you should even hint to that these notes exist is your lawyer. They are a discoverable document, which means that they can be read by the prosecution and later called into evidence.

 

Until you are aquitted, you are in a different kind of fight with these jerks and the system. The outcome of this fight will effect your entire life. Do not expect fair treatment from the system, and be on your guard at all times. But don't go in with an attitude either. It is possible they may be sympathetic to your case.

 

One other thing about dealing with the system- they are for the most part beaurocrats who are overworked, and think they are more overworked than they are as well. Stand up firmly without being dissrespectful, and they often back down. Your case may not be worth the effort to them if they can't bully you into a plea bargain. Unfortunately, that also applies to most lawyers, so don't let yours sluff you off. You'll have to make up your own mind, but I'd fight it all the way, just given the few details you gave.

[White Warlock]

Heed Delta1's advice. All of it.

 

Well said Delta.

[delta1]

Thanx, WW.

 

One thing I should clarify- the purpose for writing these notes is not so they can be used in court. They are so your lawyer knows what he's going to have to deal with. Your lawyer can decide whether or not to use the notes in court. If the prosecution even suspects they exist, he will ask for them and use them against you. And, by the time he's finished twisting things around, even you won't know what happened.

 

One other point, be honest with your lawyer. Lawyers are trained liars, you are not. Lie, it will come back on you big time. Don't tell anyone except your lawyer anything you don't have to, because the more you say the more they have to twist around and use against you. Keep it simple, direct, and honest. Take your time, allow your lawyer to cue you, and give him time to intervene. One tactic that is sure to be used against you is to get you going fast to try and trip you up. They will get you riled, then start fireing questions at you rapidly. Most people try to get those answers in fast, since we all want our say. Turn it around on them. Don't answer. When they stop, tell them to start over with their questions, restate them one at a time, and give you a chance to answer. I love this, since when stated slowly their questions usually prove to be pure *, and are seen for the trickery and lies they are. If they get too aggressive, your lawyer will be on them any way, and you don't want to try to talk over the two of them. Relax, enjoy the show. Trials are dead boreing, so you'll probably enjoy the break.

 

Try to look at this as an adventure, but a seriouse one. You stand to learn many valuable lessons here. And the risks are not as great as they would be if this kind of thing happens later in life. Our legal system is a pathetic fact of life that we all have to contend with. You have an opportunity now to really see it at work and learn from it. One more reason not to take the easy road and cop a plea.

 

But the main reason is still that a conviction here will mess with your life, no matter what they tell you. I'll give you another example how this can happen. Say you go into the military or into public service. For many of the best jobs, your record will be scrutinized with a fine tooth comb. Try getting on embassy duty, getting a security clearance, spec ops, or other duty that requires character and a clean record. You'll find out just how well those records were (not) sealed.