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  1. #1
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    Jul 2009
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    Default Fight at a Party - 17 Year Old vs 18 Year Old

    (1)went to a party and was just hangin out. (1) put his phone down turns away goes back and the phone was gone. (1) then franticly calls it 4 times. Each time (1) called it the phone was anwsered and then hung up. Indicating the phone was stolen. (1)then found out three individuals left and two were aquantances with (1)him,and (2)one person had a mutal dislike for (1)him. Everyone at the party egged on (1) saying (2) definately took it. (1) then assumed him took it. (2) then came back to the party and (1) walked up to him and said where is my phone and pushed him (2) the said fu$$ you and pushed him back and squared up.(1) theb punched (2) and they started fighting both hit eachother a couple times. (2) fell back on the couch and continued to swing and (1) kept punching him until (2) stopped swinging. (1) left the party phone less right after this happend and (2) stayed atthe party for a bit then left to go to the hospital. Later that night 2 cops showed up at (1)s house and informed his parents. (1) asked if (2) pressed charges or call the police and the cop said any body that goes to the hospital with injurys that looked no self infliced the hospital calls the cops. The cop said he WASNT pressing charges. A couple weeks later (2)s mom calls (1)s mom and says shes sueing (1)

    (1) is a minor he is 17 and is smaller than (2)
    (2) is 18 and is bigger but he was high And (1) was not

    Also someone told (1) that (2) tryed toget him to fight (1) for him

    what does (1) do?

  2. #2
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    Default Re: Fight at a Party - 17 Year Old vs 18 Year Old

    (1) deals with whatever punishment his parents impose, counts himself lucky that he's not facing criminal charges, and deals with the consequences of any civil claim. Ideally (1) also grows up a bit, and learns to take better care of his toys.

  3. #3
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    Jul 2009
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    Default Re: Fight at a Party - 17 Year Old vs 18 Year Old

    (1) forgot to menTion that most of the kids there said (2) threw the first punch whenhe put his hands up (1) does rememberer he was in a rage (1) doesnt want a lawsuit at all and wants (2) to grow up cause ut was a fight not a assult

  4. #4
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    Default Re: Fight at a Party - 17 Year Old vs 18 Year Old

    Quote Quoting rhodes25
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    (2) then came back to the party and (1) walked up to him and said where is my phone and pushed him
    You said that (1) initiated the physical altercation with this act of battery. Changing your story?

  5. #5
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    Oct 2009
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    7

    Default Re: Fight at a Party - 17 Year Old vs 18 Year Old

    (1) should probably get a lawyer, not go to parties, not go anywhere but school, and pray. A civil suit is the least of (1)'s worries, even nice kids actually can end up in prison for doing the same thing any other dumb teenager would have done. Being a dumb, drunk, teenager, and both of them being in the wrong does not help the fact that this is felony battery at the least, a 17 year old who "kept punching him until (2) stopped swinging" will be charged as an adult and may very well be charged with attempted murder. Where I come from, no doubt that punching someone until they stop swinging would be charged as attempted second degree murder, and I would not feel like someone was even remotely off the hook for charges after just a few weeks. If (1) were my kid I'd see what I could do about getting a defense together in anticipation of charges especially because favorable witnesses could be hard to find in the future. I would also make sure that one be establishing any possible mitigating factors that might help in a worst case scenario, it'll be good for him anyway if he's beating the **** out of someone over a cell phone! That's pretty disturbing, I'm surprised his actions are being defended at all. I'd definitely get him a psych eval and get a hold of the witnesses that said (2) punched him. I had a case like this and my guy was way less culpable than (1) and just a stupid kid who tried to do the right thing and ended up having to defend himself and did it in the wrong way, and it was a stupid teenage boy fight [which it doesn't sound like this was] but he was offered 5 years DOC and faced life at trial and that wasn't even attempted murder. This sort of situation might be just a "fight" 90% of the time, but under the law it's not a "fight" or even an assault, it's actually much, much more. What does (2)'s mom want? What were (2)'s injuries? I wouldn't speak on behalf of (1) or let him speak regarding any sort of rage or anything until you have a lawyer and a doctor, I actually would not recommend that anyone associated with (1) have any contact with anyone associated with (2) without the advice of counsel.

  6. #6
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    Sep 2009
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    337

    Default Re: Fight at a Party - 17 Year Old vs 18 Year Old

    Attempted murder? No I'm not seeing that. Drunk? Didn't see that either. Gogreen are you (2's) mom? This was a mutual combat situation. Even after op pushed the other kid, (2) still was obligated to walk away, when he fought without first trying to flee, it makes them equally culpable.

    Rhodes, what were the other kids injuries? Did you get your phone back? If not, how did this help? If so, was it worth it?

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