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Charged With Aggravated Assault for Self-Defense

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  • 02-28-2014, 02:27 PM
    mrexplode
    Charged With Aggravated Assault for Self-Defense
    My question involves criminal law for the state of:Louisiana
    I'm 14 years old.Yesterday, me and a friend of mine were walking down the street to go to his house.Out of nowhere, a gang of like 10 bullies started jumping on us.My friend slammed one to the ground, and then I sprayed the same guy that got slammed with mace, then started spraying at the rest.We both ran in opposite direction after that, but three of them followed me.They were aged around 11-13, but there was 3 of them and I had no chance in winning the fight against them, as I was out of mace.I decided I only had one choice to avoid being assaulted again.I pulled a knife, it was a pocket knife.I didn't use it, I just told them to get the **** away after I pulled it out.They still didn't leave they just started punching me anyway.I still didn't use the knife, but I should have.I threw it on the ground instead to resist using it.But what confuses me, is that I got charged with aggravated assault.Apparently I'm going to go to the juvenile detention center next court date.And they aren't even getting a serious charge, just simple battery.Is this right?All I did was defend myself against a gang of bullies, was I supposed to let them attack me?:confused:
  • 02-28-2014, 02:30 PM
    Disagreeable
    Re: I Got Assulted by Bullies, Defended Myself,and Got Charged with Aggravated Assaul
    You always walk down the street with mace and a knife? There is much more to this story we are not hearing.
  • 02-28-2014, 02:46 PM
    mrexplode
    Re: I Got Assulted by Bullies, Defended Myself,and Got Charged with Aggravated Assaul
    Quote:

    Quoting Disagreeable
    View Post
    You always walk down the street with mace and a knife? There is much more to this story we are not hearing.

    No, not always.But I got threat texts the previous day, so I decided I'd have weapons in case they actually did it.And, they actually did :l
  • 02-28-2014, 03:06 PM
    Dogmatique
    Re: I Got Assulted by Bullies, Defended Myself,and Got Charged with Aggravated Assaul
    Quote:

    Quoting mrexplode
    View Post
    No, not always.But I got threat texts the previous day, so I decided I'd have weapons in case they actually did it.And, they actually did :l


    What we have are two very different stories.

    1. A bunch of guys who were bullied and eventually attacked by two youths brandishing mace and knives.

    2. You and your friend, with texts that you likely cannot prove came from X, Y or Z.

    You have to realize that there are 10 witnesses to their side of the story and....you two. You were the ones carrying weapons - they weren't.

    Best thing you can do is tell your parents (if they don't already know), and see if they can talk to an attorney before the hearing.
  • 02-28-2014, 03:12 PM
    cdwjava
    Re: I Got Assulted by Bullies, Defended Myself,and Got Charged with Aggravated Assaul
    And what street was this you were walking down? Was this YOUR street? Or someplace where you would likely run into a few of these folks.

    Is it possible that you and some guys were exchanging threats, posturing, throwing signs, or some other form of chest-thumping, and then you and your pal went looking for a couple of them as you were armed? Then, instead of two or three, you ran into a small mob, and things turned ugly and against you mighty quick?

    I've seen these claims a hundred times and more in my career and they are never as simple as "I was walking down the street minding my own business when all of a sudden ..."
  • 02-28-2014, 03:12 PM
    mrexplode
    Re: I Got Assulted by Bullies, Defended Myself,and Got Charged with Aggravated Assaul
    Quote:

    Quoting Dogmatique
    View Post
    What we have are two very different stories.

    1. A bunch of guys who were bullied and eventually attacked by two youths brandishing mace and knives.

    2. You and your friend, with texts that you likely cannot prove came from X, Y or Z.

    You have to realize that there are 10 witnesses to their side of the story and....you two. You were the ones carrying weapons - they weren't.

    Best thing you can do is tell your parents (if they don't already know), and see if they can talk to an attorney before the hearing.

    They weren't the ones bullied, we were.It was defense, not an attack.They bullies-Of coarse theres gunna be more witnesses.We were attacked by a gang, we had the right to defend ourselves...
  • 02-28-2014, 03:18 PM
    cdwjava
    Re: I Got Assulted by Bullies, Defended Myself,and Got Charged with Aggravated Assaul
    Quote:

    Quoting mrexplode
    View Post
    They weren't the ones bullied, we were.It was defense, not an attack.They bullies-Of coarse theres gunna be more witnesses.We were attacked by a gang, we had the right to defend ourselves...

    So, how did you manage to run afoul of this "gang" of younger children? Are you in a rival "gang" (clique, group, or crew)?

    Why were you in their neighborhood? Or, do they live in yours?

    Did you report these text threats to the police BEFORE you were attacked? If so, what did they say? if not, WHY not?

    Where did you get the "mace"? How long had you had it?

    Have you been in trouble with the law or at school before? Past history can be a determining factor in such matters filing of charges and credibility.

    In the end, if this matter goes to trial the attorney your parents pay for (or is appointed by the court if they lack the funds) can TRY to make a self defense argument, but depending on the facts and other statements that tale may not work. Apparently the police and the prosecution already think your story is lacking merit or they never would have charged you.
  • 02-28-2014, 03:37 PM
    Dogmatique
    Re: I Got Assulted by Bullies, Defended Myself,and Got Charged with Aggravated Assaul
    Quote:

    Quoting mrexplode
    View Post
    They weren't the ones bullied, we were.It was defense, not an attack.They bullies-Of coarse theres gunna be more witnesses.We were attacked by a gang, we had the right to defend ourselves...

    Self defense can be raised, of course.

    But your side of the story doesn't sound entirely credible.

    If I may, can I give you an example?

    All week this gang of idiots have been tossing out insults, calling your Mom names, threatening you, just generally showing the common pack mentality of a hormonal bunch of 14 year olds.

    You and your friend have had enough, and one of you basically comes out with "Oh yeah? Bring it, bro! BRING it!".

    School's out.

    Between the two of you, there's a whole 'nuther bunch of "We can take 'em" stuff, more or less filling you both with that awfully common but awfully dangerous sense of "Yeah they won't *#&$ with us again!" nonsense. One of you for some reason has access to mace, and a knife. Thinking these are essential to your health and wellbeing, off you go with these in hand along with a good old chunk of bravado.

    Are you familiar with the Montagues and the Capulets? You are? Good. Lotta posturing, lotta bs, all for the wrong reasons.

    Sound about right so far?

    Yeap.

    THAT didn't end well, either.
  • 02-28-2014, 03:37 PM
    mrexplode
    Re: I Got Assulted by Bullies, Defended Myself,and Got Charged with Aggravated Assaul
    Quote:

    Quoting cdwjava
    View Post
    So, how did you manage to run afoul of this "gang" of younger children? Are you in a rival "gang" (clique, group, or crew)?

    Why were you in their neighborhood? Or, do they live in yours?

    Did you report these text threats to the police BEFORE you were attacked? If so, what did they say? if not, WHY not?

    Where did you get the "mace"? How long had you had it?

    Have you been in trouble with the law or at school before? Past history can be a determining factor in such matters filing of charges and credibility.

    In the end, if this matter goes to trial the attorney your parents pay for (or is appointed by the court if they lack the funds) can TRY to make a self defense argument, but depending on the facts and other statements that tale may not work. Apparently the police and the prosecution already think your story is lacking merit or they never would have charged you.

    It was in my own neighborhood.I never reported the texts to the police because we had agreed there would be no fight.A lot of them weren't even younger;The ones that first jumped on us ranged from 14-16.The younger ones jumped in after the other ones were down, which is when the knife was pulled.No, I'm not in a rival gang.In fact I've never been in a "gang".Yes, I've been in trouble before.But those bullies have been in way more trouble than me in their past,so I don't know why the police seem to be taking their side.They were the ones that attacked us, why is everyone making US look like the attackers when we only acted in SELF-DEFENSE.I don't understand.This seems unconstitutional and corrupt to me...
  • 02-28-2014, 03:40 PM
    Dogmatique
    Re: I Got Assulted by Bullies, Defended Myself,and Got Charged with Aggravated Assaul
    Oh child please. Unconstitutional?

    Back to the books for you.
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