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  1. #1
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    May 2009
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    4

    Exclamation Someone Jumped Me and I Have No Witness - Can I Win in Court

    My question involves criminal law for the state of: MA
    i was on the swings at the portland st park in haverhill and some kid threw a rock at me so i got off the swing and asked the kid if he had a problem cuz i would like to know why a rock was thrown at me well he was like are you stepping up to him and i was like why did u throw the rock then he started taking his shirt off in order to fight me so i took a defensive stance then he started to get scared he then started to put his clothes back on after that a gang member named bones stepped up to me and was like what u just did was disrespectful and i was like i was disrespectful ur friend just threw a rock at me and he was like well he did say catch so i was like that doesnt change what he did and he started walking towards me in a threatening way so i got back in my stance and he continued so i thew a wide swinging kick that was level with his face to get him to back off and he was like ur not gonna kick me and he continued towards me he then threw a punch and i let it get three inches from my face then dodged it trying to see if i could make him think i was a better fighter he then started to back me towards the swings and i went under the swing set he then started to make me loop around so that i had to start backing my back up to the basketball court where the kid who threw the rock was at at this point something told me to throw a kick around me to the back but i didnt listen instead i just looked back and seeing no one i turned back to bones i got a fist to the face then a fist to the back of the head it that point i just kinda looked at bones and he kinda looked shocked that i wasnt on the ground then the two of them started wailing on me i landed three or four punches b4 i gave up and went to an even more defensive position the fetal position at that point a couple more people joined in i then proceeded to get the s#!+ punched and kicked out of me for about 2 minutes then someone said get the **** out of my park u faggot i stood up shook off glared at bones and then said im going home like nothing had happened im surprised i fared as well as i did i then walked home sat down and noticed i was having trouble breathing plus there was pain in my ribs so i went to the er and stayed for a couple of hours only to confirm what i thought i had a fractured rib so now i am faced with the choice of pressing charges or not plus he broke my glasses my insurance only covers one pair a year while at the hospital a cop interviewed me he then went down to the park and found bones bones admitted to doing it but he said i made the first move and he lied and said that he threw a basketball so the cop came back and told me that i could press charges but because i made the first gesture i could be charged with assault i was also alone so i have no witnesses another thing this isnt the first time bones has done something like this he has been after my friend greg for about 9 moths now he also jumped greg 3 times now im worried for my safety because i live very close to that park my question is with pix of the aftermath as well as the x rays and with testimonials from my friends would i be safer letting this go or pressing charges in other word do i stand a chance of winning also it is well known that bones is homophobic pls get back as soon as possible i dont know how long i have to press charges it happened on mothers day
    another pertinent fact is i have no prior history of violence

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Someone Jumped Me and I Have No Witness Can I Win in Court

    Can you win what in court?

    Yes, you absolutely can have him brought up on assault charges. Where it goes from there, however, is really up to the judge or magistrate involved and the evidence presented.

    Take your police report to the Prosecutor's office.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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  3. #3
    Join Date
    Jun 2007
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    636

    Default Re: Someone Jumped Me and I Have No Witness Can I Win in Court

    Press charges, doesn't matter what the officer thinks. It will boil down to the fact that you were out numbered, this was a gang up on you. You acted with self defense. Self defense does not need to happen before a punch is thrown. If you feel threatened and someone enters your personal space. You have the right to defend yourself. The old saying wait till they throw the first punch. Well that is pretty much history. You were assaulted first when you were hit with a rock. That throwing of a rock can be considered an assualt.

    Your medical reports from the doctors, the x-rays from the hospitals, will be used as evidence.

  4. #4
    Join Date
    May 2009
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    Default Re: Someone Jumped Me and I Have No Witness - Can I Win in Court

    thanx for your answers but as it turns out the people who jumped me got jumped themselves and i had nothing to do with having them jumped people jumped them out of their own accord so im gonna let it lie but if this bones kid tries to jump me in the future can i use this incident in court to press charges as well as the hypoththetical future jumping jumping (if this doesnt make sense im sorry)

  5. #5
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Someone Jumped Me and I Have No Witness - Can I Win in Court

    but if this bones kid tries to jump me in the future can i use this incident in court to press charges as well as the hypoththetical future jumping jumping
    No.

    If you don't press charges for this incident now, forget about doing it at some hypothetical point in the future.

    "Yerhonor, I KNOW he did it, because he also jumped me a year ago, but I didn't press charges" will get you precisely nowhere.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  6. #6
    Join Date
    May 2009
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    4

    Default Re: Someone Jumped Me and I Have No Witness - Can I Win in Court

    Quote Quoting LawResearcherMissy
    View Post
    No.

    If you don't press charges for this incident now, forget about doing it at some hypothetical point in the future.

    "Yerhonor, I KNOW he did it, because he also jumped me a year ago, but I didn't press charges" will get you precisely nowhere.

    but looky here

    9. Victimís reputation for violence known to defendant. You may consider
    whether [the alleged victim] had a reputation for violence or
    quarreling that was known to the defendant on the issue of
    whether the defendant was reasonably (and actually) afraid for
    his (her) own safety.

    these are instructions for the jury to decide whether the victim acted in self defense due to past violence wouldnt that go to show that i can use a past police report against bones as a record of past violence to confirm that i am a victim

  7. #7
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    Jan 2008
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    Toledo, OH
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    Default Re: Someone Jumped Me and I Have No Witness - Can I Win in Court

    If you don't press charges, there is not a sufficient record.

    You don't seem to understand that a jury will see that you didn't press charges, and will assume you didn't consider him enough of a threat to bother with.

    Press charges. Protect yourself NOW instead of waiting for some hypothetical point in the future where he might KILL you instead of merely laying on a beatdown.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  8. #8
    Join Date
    Jun 2007
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    636

    Default Re: Someone Jumped Me and I Have No Witness - Can I Win in Court

    Quote Quoting ewilde01
    View Post
    but looky here

    9. Victimís reputation for violence known to defendant. You may consider
    whether [the alleged victim] had a reputation for violence or
    quarreling that was known to the defendant on the issue of
    whether the defendant was reasonably (and actually) afraid for
    his (her) own safety.

    these are instructions for the jury to decide whether the victim acted in self defense due to past violence wouldnt that go to show that i can use a past police report against bones as a record of past violence to confirm that i am a victim
    Only works with prior convictions of assualt upon you or others. It shows the jury that the defendant has a history of violence.

    But as LawResearcherMissy points out. You must press charges for this incident.

  9. #9
    Join Date
    Nov 2007
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    1,284

    Default Re: Someone Jumped Me and I Have No Witness - Can I Win in Court

    If you press charges next time if he does this to someone else there is record of atleast the arrest. You should of got the other person to report it to the police also,the guy who told the ppl to get out of the park.

  10. #10
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    May 2009
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    4

    Default Re: Someone Jumped Me and I Have No Witness - Can I Win in Court

    i was gonna press charges until he got jumped now im afraid that if it went to court he would try to connect me as the reason to why he got jumped and not only that if i press charges now it will be slapping the neighborhood gang in the face therefore i would be less safe than i am right now

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