Charged with assualt

[Guest BigJase88]

for the second time....

got admonished the first time

am i fubard?

[Guest westallc]

what did you do???

was it to protect your self???

what did the police do etc etc

give us a bit more info

but if its the second time im guessing you might be a bit of a trouble maker?????

[Brimma]

for the second time....

got admonished the first time

am i fubard?

Remind me not to say "See you, Jimmy" should our paths ever cross

[Leeland]

Remind me not to say "See you, Jimmy" should our paths ever cross

I'd like to add that Scotland are deffo going to qualify for the 2014 World Cup, and

in doing so will probably go on to win it :yes:

[devonutopia]

Glaswegian kiss?

[expostmanpat]

am i fubard?

Only if you drop the soap

[mannyo]

Please remember this thread is in the serious "roadside hotel" and not "off topic"

[devonutopia]

Ah yes, I just thought of some Billy Connolly sketches....

I am going to be all holy and righteous and say if you went out and tw@tted someone then yes, you are FUBAR'd, but if it was self defence etc, then you'll be fine. Any chance you are a doorman of a club or similar? Video evidence is usually 100% critical in cases like that.

Remind me to always let you win should we be side by side on the 1/4 mile.

[VWD]

PERHAPS ,JUST PERHAPS , We might just give the OP ,Big Jase, a chance to put his POV . .....................................COME ONE GUYS .

[Rhoobarb]

All depends on the circumstances. How long ago your previous was, conditions, etc.

[Guest BigJase88]

Hi yeah 1st time round was mid 2008 didnt get charged until late 2009

I got admonished ( slap on the wrists )

So what happened this time....

Basically one of my parters girl mates was getting pushed around by her ex and told my partner to f off, so i hopped out of my car and said dont you dare speak to her like that... Then he startd to walk towards me and said what are you going to do....

And then the fight began and obviously he came out worse

Then he shouts that was the biggest mistake of your life and ur dead!

24 hours later he's claimed assault and i've been charged

[fikes75]

I think it might depend on who hit first if it was him then it could be seen as self defence, also witness statements but then i am no expert.

[*tim*]

I think it might depend on who hit first if it was him then it could be seen as self defense, also witness statements but then i am no expert.

Then he startd to walk towards me and said what are you going to do....

And then the fight began and obviously he came out worse

I think who hit who first is answered by Jase's ..... comment.

Jase: Your partners + her mate etc will get interviewed so it depends on how they saw the event, plus it depends upon the other guys background. It however doesn't look good.

Edited 14 November, 2010 by *tim*

[M12MKD]

I would get legal advice asap. I'm guessing the two lasses you where "defending" will back you.

Whatever does happen keep cool and be very very sorry and polite at all times, and I hope it turns out alright.

Personally a man should never raise his hand or push a woman no matter how much of a b*tch she is, thats just how I was brought up as a kid.

[TriggerFish]

TBH, this sounds exaclty the same as the court case I sat on the jury of earlier this year, only there were two defendants (charged seperatly).

Due to lack of evidence, contradicting statements from several witness (was at a bar) and the possibility of self defence he was aquitted, but it was close. His mate however was found guilty of GBH against another party (bottled someone:thumbdown:).

I'd get legal advice and hope that the self defence claim works.

Hope it all works out OK for you though.

[Guest BigJase88]

Yeah me too....

he has supposedly dropped the charges....

but i believe the police can still take it forward

i think there also charging him with domestic abuse

my problem is my short fuse :(

i wasn't actually wanting a brawl just flipped when he said that to my partner... followed by the what are you going to do comment and the squaring up he did

[jonnycatbiscuit]

Yeah me too....

he has supposedly dropped the charges....

but i believe the police can still take it forward

i think there also charging him with domestic abuse

my problem is my short fuse :(

i wasn't actually wanting a brawl just flipped when he said that to my partner... followed by the what are you going to do comment and the squaring up he did

If you were coming to the defence of your partner's friend, and he squared up to you, and you felt threatened and formed the opinion that he was about to hit you, then you are allowed IN LAW to use reasonable force to defend yourself.

Assuming you didn't go OTT and simply "defended yourself", you should be fine (your previous should have no bearing on whether or not this is taken to court)

[Llanigraham]

my problem is my short fuse :(

Jase,

please do not take this the wrong way, as it certainly isn't meant to be, but I suggest you have a chat with an "anger management" practioner. It might help you understand why you have the problem and ways of overcoming it.

Good luck, as it does sound you were defending yourself against a perceived risk.

[devonutopia]

Still sounds like self defence even if a short fuse - Should be fine. Nothing wrong with having a word in my opinion.

[rwbaldwin]

Remember Scottish law applies here. You can only be admonished by the court if you have been convicted. It is the minimum punishment and expires after 5 years.

It is not the same as a caution.

You need to take proper legal advice.

Edited 15 November, 2010 by rwbaldwin

[KenONeill]

As above, take proper legal advice, and don't depend on "having a family solicitor"; go to them if you have one sure, but but ask them to recommend someone who specialises in this area. Also, notign where you are, does Scots or English law apply in this case? It's not like you're that far from Englandshire!

[gadgetman]

Jase,please do not take this the wrong way, as it certainly isn't meant to be, but I suggest you have a chat with an "anger management" practioner. It might help you understand why you have the problem and ways of overcoming it.Good luck, as it does sound you were defending yourself against a perceived risk.

+1

[Irvtheswerv]

Dunno about scottish law, but in England you can still hit someone first and claim self defence. In the circumstances, you have seen a domestic incident, stopped to intervene and been threatened with violence. If you feared for your personal safety and genuinely thought he was going to attack you, you can hit him 1st as a pre-emptive strike in order to defend yourself.

However in those circumstances, if you say, hit him once as hard as you could and he didn't get up that would be a reasonable act of self defence.

If you just kicked the **** out of him, then that wouldn't be a reasonable case of self defence because at some point as you were giving him a good hiding you no longer feared for your safety.

I'd get a good solicitor. It's unlikely the cops will pursue it if he's withdrawn his statement, what evidence would they have?