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  1. #1

    Default Charged With Battery of a Security Guard Who Assaulted Me

    My question involves criminal law for the state of: california

    I was at a local beer event and was walking to my cab when I remembered I left my brewery posters on an outside table. Me and my friend turned around and walked back to the gate where a security guard stopped us and said we couldn't go any further. I explained I left my posters on a nearby table and asked if I could grab them he said no. So I said can I have someone grab them for me when he responded with you better just walk away now. I replied are you serious right now I just want to grab my posters. He then head butted me and punched me in the face. My friend ran in between us and starting asking whats going on and telling him to stop. The security guard then tripped over something and fell and as that was happening my friend was grabbed and thrown to the ground and then I was grabbed and thrown down as well smacking my head on the concrete. At this point I just laid on the ground
    saying I'm not resisting why are you doing this to us. And he grabbed my head and started rubbing the side of my head into the concrete to the point of making my skull bleed and me to have a bald patch. He then turned my head and began smashing my face in my blood pile making me drink my own blood. He sat on me doing this for what felt like 15 minutes until the police arrived. The officer grabbed me took me to his car and searched me. He then handcuffed me and put me in the back seat of his cruiser and took me to the hospital. I was there for an hour and then taken to jail.

    Now they are charging me with assault and battery as well as being drunk in public.

    I never laid a hand on him or made a motion to.

    I feel like I am the victim yet I was told the security guard acted in his right and I feel like that is not the case any help would be greatly appreciated.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: I Was Attacked by a Security Guard and I Was Sent to Jail

    Hire a criminal defense attorney for the charges and a personal injury attorney for the injury.

    There's nothing else to say.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Was Attacked by a Security Guard and I Was Sent to Jail

    It is almost certain that the security folks will have a differing account of the events that will make you appear to be a drunken sot who initiated the confrontation.

    About all you can do now is engage an attorney to defend against any criminal charges, and then *IF* you prevail in court, you can pay an attorney a LOT of money to try and sue the club/bar/venue and the security guard/company involved. If a civil attorney will not take the matter on contingency and asks you to pony up $20,000 or so up front, then that should tell you that your case is - at BEST - a coin toss.

  4. #4
    Join Date
    Jul 2014
    Posts
    441

    Default Re: I Was Attacked by a Security Guard and I Was Sent to Jail

    So many problems with this ...

    He made you DRINK YOUR OWN BLOOD? Really? Wow. But, then again, before that, he didn't even throw you to the ground on purpose? You said he tripped and accidentally took your friend and you down with him? Or did he throw you down?

    Was he really a security guard? I have a sneaking suspicion he was a POLICE OFFICER working security off duty.

    Either way, but especially if he was "only" a security guard, the cops who responded apparently had no problems with his use of force. Security guards who go overboard have been arrested before, as is proper. It seems that no on who was there - and sober - thinks there's a problem with what happened.

    Now how well were you really seeing everything through your beer goggles?

  5. #5
    Join Date
    Aug 2015
    Posts
    1

    Default Re: I Was Attacked by a Security Guard and I Was Sent to Jail

    Quote Quoting DeputyDog
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    You said he tripped and accidentally took your friend and you down with him? Or did he throw you down?
    The OP clearly stated that 1) the security guard fell and 2) SUBSEQUENTLY the OP and the friend were thrown down by other security guards.

    Was he really a security guard? I have a sneaking suspicion he was a POLICE OFFICER working security off duty.
    And that makes the security guard look good? When I read the first post, it seemed to me that the security guard was some uneducated, untrained bully. Now, you're saying that he was a police officer who supposedly should have known better? That makes the guard look worse.


    Either way, but especially if he was "only" a security guard, the cops who responded apparently had no problems with his use of force. Security guards who go overboard have been arrested before, as is proper.
    Have overboard security guards been arrested in every incident, in every jurisdiction? The fact that *some* overboard security guards have been arrested by *some* police officers, does not mean that the officers who responded to the OP's situation were honest enough to arrest overboard security guards.


    It seems that no on who was there - and sober - thinks there's a problem with what happened.
    How do you know that the security guards were not on any drugs? The security guard who made the OP drink the OP's own blood, may have been suffering from steroid rage.

    - - - Updated - - -

    Quote Quoting cdwjava
    View Post
    It is almost certain that the security folks will have a differing account of the events that will make you appear to be a drunken sot who initiated the confrontation.
    So what if the OP was drunk? Why would that allow the security guard to prevent the OP from retrieving the OP's property?

    - - - Updated - - -

    Quote Quoting Dillon Knight
    View Post
    At this point I just laid on the ground
    saying I'm not resisting why are you doing this to us. And he grabbed my head and started rubbing the side of my head into the concrete to the point of making my skull bleed and me to have a bald patch. He then turned my head and began smashing my face in my blood pile making me drink my own blood.
    Private citizens (two security guards) grabbed you and your friend and threw you guys down. So, why did you not resist? These were not cops. They were private citizens.


    In order to sue the police for false arrest, you probably have to be acquitted in criminal court. However, you don't have to wait for an acquittal to sue the venue and/or the security firm. You can sue them now.
    The venue and/or the firm may want a quick settlement.

    Also, complain about the venue and/or firm to your local media.

    - - - Updated - - -

    The OP used his real name, and I found his Facebook page. According to the Facebook page, he was attending the following event:

    http://www.reddingbeerweek.com/about-us/

    It appears to be some kind of beer festival. So, if the OP was drunk, maybe that would be appropriate at a *beer* festival.

    The OP is also using his Facebook page to seek out witnesses to the incident with the security guards.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Was Attacked by a Security Guard and I Was Sent to Jail

    Quote Quoting Winter170
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    So what if the OP was drunk? Why would that allow the security guard to prevent the OP from retrieving the OP's property?
    Because his inebriation may have effected his recollection of events, PLUS, he may have been far more belligerent than he recalls - perhaps t the point of being the primary aggressor. The point is, the security personnel are almost certainly going to have a different recollection of events and he will have to overcome what may well be a pre-disposition against a person at a beerfest claiming that he was completely rational and calm in spite of what is likely to be statements to the contrary by others at the scene (i.e. security personnel and maybe even the cops).

    Oh, and even at a beer-drinking event, it is AGAINST THE LAW to be public intoxicated to the point where you are unable to care for yourself or others. And, if the OP was the one who initiated the conflict, he may well be guilty of that offense as well.

    Ultimately, he will have to counter whatever evidence the state might have against him, and it could be a little evidence (a statement or two), or, there could be a LOT of evidence - maybe even video.

    Private citizens (two security guards) grabbed you and your friend and threw you guys down. So, why did you not resist? These were not cops. They were private citizens.
    And in CA resisting what may have been a lawful detention can be a crime (battery).

    In order to sue the police for false arrest, you probably have to be acquitted in criminal court.
    I doubt the police could even be sued here. Since it was a misdemeanor not committed in their presence, they relied on a private person's arrest (aka "a citizen's arrest") and as such the legal burden for the arrest falls upon the person signing the complaint. The officers are required BY LAW to accept the arrest if there is probable cause to believe it occurred (and that's a low threshold). So, any potential lawsuit would best be served against the venue and/or the security guards and their employer ... assuming the OP Can first beat the criminal charges.

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