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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 11-27-2006, 02:25 PM
mikeab79 mikeab79 is offline
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Default Hospitalized after unprovoked fight
On Oct. 31 2006 i went out with a friend from work to a local bar in town. While at the bar another person there tried many times to get me to fight with him. After repeatedly telling this person that I wanted nothing to do with a fight the bartender told me to quit starting stuff and get to the other side of the bar. The person then started hollering remarks to me from across the bar with no penalty from the bartender. Everytime he yelled at me I remarked back to him to drop it being told by the bartender again if I don't stop i'll be kicked out. So I left it go and continued to have a good time. Well I guess I must have had too much too drink as I got into a "blackened out" state, never being cut off from the bartender. Eventually at the end of the night, from what I was told as I have no recollection, this person got me to go outside with him. While outside this guys friend struck my friend several times in the head with a mug inside the bar while I was struck outside the bar. My friend and I were taken to the hospital. My friend recieved several stitches on the side of his head and a concussion and was released a day and a half later. I was released the next day with 2 cracked orbital bones under my eyes, a broken nose, broken cheek bone, 12 stitches on my nose, and a significant amount of swelling to my face and eyes. The cracked orbitals required surgery and I also had a titanium plate put in my cheek which took place a week later. I guess from what witnesses said I never made any attempt to attack the guy dispite his statement that I swang at him twice and missed. They said the argument ensued outside and I was struck twice with a possible object. All I remember is waking up as I was being put into the ambulance with no recollection of the past few hours. I now have missed work for several weeks and have no insurance to cover the medical expenses which I am trying to get help for from the welfare office. I am now running the risk of losing my apartment and my bills are collecting up as I couldn't afford them and my medication at the same time. Also if it makes any difference everyone that was involved with the incident was banned from the bar for 3-6 months and the two attackers have been allowed to return as they are friends of the bartenders. Is there any legal actions I can take and what should I do. Please, any advice will be welcome. I am now off the pain medication and am able to do what is needed to try and get something done about this, but yet am not allowed to return to work as the surgery caused some impairment of to my vision. I am awaiting call backs from lawyers but haven't recieved any yet. I am afraid that if I can't do anything the legal way I will have to seek my own physical retribution as this has left me very bitter.
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Old 11-27-2006, 03:10 PM
BlueCrystal BlueCrystal is offline
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Post Re: Hospitalized after unprovoked fight
If you got into a *blackened out state* how do you know the attacks were unprovoked?

You're trying to get help for medical bills due to a bar fight from the welfare office.

Why does my hard earned tax dollars have to pay for you getting into a fight and getting your a$$ kicked?

You're worried about paying your rent and bills but you had enough money to go out and drink until you *blackened out*.

Pay your own bills and attend a AA meeting.
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Old 11-27-2006, 04:36 PM
mikeab79 mikeab79 is offline
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Default Re: Hospitalized after unprovoked fight
There were witnesses to the attack or didn't you read that. That would be how i know i didn't provoke it.

My hard earned money goes to pay for welfare too and I don't think my intentions are the same as the moochers that take it every day just so they dont have to work. My job doesn't provide insurance to their employees. I am not trying to get welfare, i am trying to get help with medical assistance. Not money. And i assure you if i wanted to fight this guy i would have kicked his ass as i am 6'2" 200lbs, he would've had no chance. I know the kid and he is a punk.

What i spend 20- 30$ on should not concern you. It was a holiday and i work hard and should be allowed to spend some of my money to go out to have some fun.

And i drink like maybe once a month. Drinking and the bar just ain't my thing. So if i don't drink that often it wouldn't take much to get to a "blackened out" state. I believe also i would get alot of laughs if i went to AA and said i have a drinking problem i drink once a month.

And on another note, thanks for proving that i get all kinds of jackasses that just like to start crap.

I really hope you aren't the help around here or i guess i came to the wrong place.

Last edited by mikeab79; 11-27-2006 at 04:45 PM. Reason: thought of something
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Old 11-27-2006, 05:07 PM
BlueCrystal BlueCrystal is offline
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Default Re: Hospitalized after unprovoked fight
Quoting mikeab79
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And on another note, thanks for proving that i get all kinds of jackasses that just like to start crap.
You say any advice is welcome, and then you b*tch and moan when you don't like the answer.

Your situation is your problem and your fault stop looking to blame the bar, the bartender, or the other customers.
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Old 11-27-2006, 05:27 PM
mikeab79 mikeab79 is offline
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Default Re: Hospitalized after unprovoked fight
Yea, advice is welcome. Although you come off telling me this is my fault. How is it my fault? How do you think your remarks were any kind of help? Obviously you think that i started this whole thing and i got what i deserved. If that is all, thank you and i will go around beating up as many people as i can just because i know there are no consequences. What a helpful person you were.

Tell rape victims that were black out drunk that they got wnat they wanted and shouldn't press charges.

I was out to have a good time and not start anything and i get all of the blame.

So let's change the question then.

How much trouble could i get in if i beat this kid to a pulp and hospitalize him?
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Old 11-27-2006, 05:35 PM
BlueCrystal BlueCrystal is offline
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Default Re: Hospitalized after unprovoked fight
Quoting mikeab79
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How much trouble could i get in if i beat this kid to a pulp and hospitalize him?
A *kid* in a bar? How old was this *kid*? Was he old enough to drink alcohol?
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Old 11-27-2006, 05:40 PM
mikeab79 mikeab79 is offline
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Default Re: Hospitalized after unprovoked fight
I'm 27, he's 25.
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Old 11-27-2006, 05:46 PM
mikeab79 mikeab79 is offline
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Default Re: Hospitalized after unprovoked fight
We live in Pennsylvania. The drinking age is 21. Drinking is legal, but as far as i know fighting isn't. If there are no consequences to fighting, then what is assault & battery? What are the reasons for avoiding a fight? When should you fight? If in a fight, what should you do to avoid charges?
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Old 11-27-2006, 05:47 PM
BlueCrystal BlueCrystal is offline
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Default Re: Hospitalized after unprovoked fight
So you fear hurting a *kid* that is only two years younger than you. You say that you are 6'2" and weigh 200 lbs. and it wouldn't take too much alcohol to cause you to *blacken out*. Yet you say you have witnesses that say it was unprovoked but somehow you got banned by the bar for 3 to 6 months. Something here is not making sense. First you're a victim of an unprovoked attack and then banned from the bar. I don't see you so completely innocent to this situation as you are implying.
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Old 11-27-2006, 06:03 PM
mikeab79 mikeab79 is offline
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Default Re: Hospitalized after unprovoked fight
Size doesn't matter too much when you have a low tolerance for alcohol.

Perhaps some back info will help.

This person who i call a kid because he obviously is immature is related to the bartender and the owner of the bar. I have a witness who is an off-duty police officer who will testify that i asked not for a fight. This person and his friend has a problem with my friend whom i was there with. They didn't like me just because i was there with him. One of the witnesses outside said that i was struck with a bottle. The owner of the bar stated she held the door for us to exit the building and watched the whole thing. She said that we argued and he hit me and that i never raised my hands at all, to attack or defend like i didn't see it coming.

I don't see what you are stuggling over but if you really can help keep asking questions to get a more informed opinion rather than prosecuting me.

I'm sorry are you trying to be helpful or just passing time by pestering me?
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