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5th degree assault

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comphusion

Junior Member
What is the name of your state? minnesota
A month ago I was jumped in daylight at my apt complex, 5 juveniles confronted me and kicked my bags out of my hands, spit in my face and took a swing at me, I was charged with 5 th degree assault because one of the juveniles pinched his neck and said I choked them, the cop believed him and took statements from all juveniles. mind you he did not seperate the kids to make their own statements out but offered them to go in one place and corroberate their stories. Being that I am 6'0 250lbs + the cops took me in for 5th degree and disorderly conduct, the officer never did read me my rights nor told me why I was being arrested. I have since obtained some reliable information and court proceedings since this is my first arrest ever and I am 34 years old with a clean record.
 


jgmommy

Junior Member
comphusion said:
What is the name of your state? minnesota
A month ago I was jumped in daylight at my apt complex, 5 juveniles confronted me and kicked my bags out of my hands, spit in my face and took a swing at me, I was charged with 5 th degree assault because one of the juveniles pinched his neck and said I choked them, the cop believed him and took statements from all juveniles. mind you he did not seperate the kids to make their own statements out but offered them to go in one place and corroberate their stories. Being that I am 6'0 250lbs + the cops took me in for 5th degree and disorderly conduct, the officer never did read me my rights nor told me why I was being arrested. I have since obtained some reliable information and court proceedings since this is my first arrest ever and I am 34 years old with a clean record.
All I can say is get a really good lawyer. It sounds like you defended yourself but there are some laws that state that self defense has to be in reasonable response to life threating danger.
 

outonbail

Senior Member
Not sure what your looking for here. Your not asking for advice or case law in this area, so what are you expecting out of posting this fairy tale?

If it's an opinion you want, here's mine,,,

You don't seriously think anyone's going to believe that 5 juveniles, randomly decided to jump a 6' 250 pound grown man without being provoked?
That they simply kicked bags from your hands, spit in your face and began swinging at you for absolutely no reason at all?
Then, in the process of their unwarranted attack, which just came out of the blue, one of them somehow manages to pinch his own neck. Unfortunately, in what is a clear case of adding insult to injury, this young boy, while being questioned about his self inflicted pain, decides to blame it on you and lies to the police by telling them he was injured because you were choking him.

The police, who are completely fooled by the BS’ing skills of these juveniles, fall for these out and out lies without even bothering to ask for your side of the story.
Hence, as a direct result of the false statements assembled through the corroboration of your attackers, you are subsequently arrested and charge with assault, even though you are a law abiding citizen of the community, who has never been arrested before, who has a squeaky clean record and who simply became a random victim to the rage and violence of these neighborhood hoodlums. This unfortunate situation is further compounded by the unanticipated actions of the police and the court system as well, who stand to make you a victim to the antics of these children, for the second time.

Wow, talk about a stroke of bad luck,,,,,

I suggest that in the future, you save everyone the little bit of time they will waste by reading this nonsense and refrain from submitting it.

This will also save yourself the embarrassment that goes along with being perceived as yet another neighborhood nutcase, declaring his perception of innocence by posting some self serving story of injustice on the internet.

I’m sorry I have to be the one who breaks the bad news to you, but no one will view your 6' 250lb mass of stupidity, as the victim in this situation, because your story is completely unbelievable to anyone who possesses even the smallest measurable trace of common sense.
 

nanaII

Member
Outonball... you don't think that juveniles are capable of attacking someone just for kicks? Come on! Why does this seem so absurd, and why is this person under attack?

I've worked in a juvenile courtroom. If you've never worked with juveniles, you have no idea what they are capable of. This sort of thing happens all of the time. There was a court case one time, where a father had a daughter who refused to come of of a tree she decided she wanted to live in. He went up to get her, and she stabbed him in the face with a meat fork. This is a true case.

I was also married to a cop for 10 years, and on occasion would ride with him. There was a gang of kids (late teens) loitering on public property. He told them to get off the property. They told him to go to hell. I was shocked. They had absolutely no respect for authority, as a lot of kids today.

Kids would stand on street corners downtown in our city with chains, just waiting for someone driving by to get smart with them. Our city finally had to set up an entire task force to stop this from continuing. Innocent people were violently attacked for absolutely no reason.
 

outonbail

Senior Member
Outonball... you don't think that juveniles are capable of attacking someone just for kicks? Come on! Why does this seem so absurd, and why is this person under attack?
Unguided children, raising themselves in a one parent home or one in which both parents work constantly as they try to dig themselves out of tremendous financial debt, are an increasingly common situation these days, in wealthy neighborhoods, poor neighborhoods and everything in between. I have no doubt that many of these children teach themselve's how to behave by pushing the limits of our law based society.

So, I certainly agree that this type of situation can happen and that the thought of five juveniles attacking someone just for kicks is not so absurd.
However, I don't believe the poster is being forthright with his rendition of the incident, or including all the facts surrounding his situation.

My guess would be that the attack happened as a result of several small disagreements between the OP and these juveniles finally coming to a head. Maybe the OP parks his car in the way of their skateboarding area, maybe his dog is always barking at them, maybe he has accused them of vandalizing his property or they exchanged looks or words for any number of other reasons.

Add to this, the fact that from what the OP states, he is considerably larger and stronger than these youngsters and therefore, not at all afraid of them, not intimidated by their stares or suggestive body language. In fact, at one time or another he may have even said to himself, “I just wish one of those little punks would take a swing at me so I can show them a serious a$$ whoopin".

Why do I believe this is more likely the way it went down, I guess because I’ve been in similar situations growing up and I never recall any being as innocent as the OP makes it sound here. Call it a guy thing.

Anyway, the inevitable does eventually happen and both the OP and his attackers have probably been waiting for this opportunity to teach the other a lesson. The juveniles, depending on their size and even though there were five of them probably realized early on, that they were out of their league. In fact, if the OP just knocked the largest, toughest acting one of these juveniles on his disrespectful a$$, the others would probably want nothing to do with fighting the OP, and is perhaps why only one of the five attackers pinched his own neck.

Another reason why I have a hard time swallowing that the OP did nothing in response to five juveniles knocking bags from his hands, spitting in his face and swinging at him, is that it would only be natural for someone to at least protect and defend themselves from this attack.
I try to place myself in the OP’s shoes and let me tell you, If I was attacked by five juveniles in the same manner as the OP has described, you can bet your gullible a$$ that I would have aggressively defended myself and I’m sure I would hurt one or more of them in the process. Once they were no longer attacking me and no longer a threat to my safety, I wouldn’t continue to beat on them. I would probably help them up and try to have a heart to heart talk with them. Depending on how that went I would then more than likely attempt to contact their parents or call the police myself to report what had happened.

The difference between myself and the OP in this case, is that I don’t see anything wrong with protecting myself from whatever harm these juveniles had hoped to inflict on me. I take my health very seriously and I try to avoid physical confrontations as well as any of the typical places where these things occur. Like bars, nightclubs etc.. So if I’m attacked by someone who intends to do me harm, I’m going put forth every defensive and offensive move I know, in order to stop the attack as quickly as I possibly can.

Then, if I were to post the situation on a site such as this, I would provide all the facts, including the one where I broke some kids nose, because it is what I felt I had to do to at the time, to stop the attack.

But to say that one of the bag kicking, spit spewing, arm swinging insubordinate little monsters pinched their own neck, well, does that sound like what actually happened to you?

Then, in addition to what triggered my bull$hit detector, the police who were physically at the scene of the fight and who spoke with all parties involved, proceed to arrest this poor guy for assault in the 5th degree.

So here again, I’m getting the same suspicions that there is more to the story than the OP is willing to tell. Especially since the OP claims his record is squeaky clean. Does it make any sense to you, that the police would not want to hear what this law abiding citizen had to say? Do you really believe that the police wouldn’t consider the fact that this person has gone through life for 34 years, without being in any trouble before determining who and what they believe occurred?

Not to mention the fact that if these juveniles were as you put it, violently attacking a citizen for no reason at all, I would have to believe that this was not the first time they had some explaining to do to the police, who would naturally begin to question their credibility after responding to another incident they were involved in.

So, I hope this explains why I doubted the OP’s rendition of the event.

Also, I wasn’t trying to attack this person. It may have read that way, to you and if so, I apologize. I was actually being facetious and preparing the OP for what I believe, would be the most popular opinion.
 

Leelo

Junior Member
I have been through the MN system my whole life. I also have a clean record, but very unfortunate events. SO, although to the common sheep of our government your story may SEEM like rubbish & if I haven't been through it, I too would think it was rubbish (perhaps in my school days of thinking that there is justice & it is served "correctly"...I laugh&cry at that notion being through what I have been through)
I feel like the poster person for unfortunate events
I sit at home raising children on my own. I pay my bills ALWAYS. I avoid conflict as much as possible..which is now to the point where the kids & I never leave the house!!! & yet there is so much hate in the world that ..it's not good enough!! I still get in trouble.
there are cruel neighbors (including their hoodlum children)
a pms queen for a landlord (who I think is not by the book)
mistresses who had been the girl on the side when I was pregnant that choose to torchure me at every chance.
constant errors happening to me through the bank & almost every where
so yes some how some way, I am always in court or a feud or being attacked or struggling to keep a roof over our heads, my kids safe, etc
I have many stalkers too
the kids have bullies at school, we're too nice, we get trampled.
teachers who don't seem to protect or teach.
I am the poster kid, (there's more than I could ever put on here, & I know that those who are not living it or at least witnessing it will never believe it..maybe I'll write a book) I even suffer for association with people that I don't even want to be associated with.
& I had a rotten childhood brought on by a rotten step-parent.
I am losing faith, but trying not to. I am having trouble believing in justice at this point or that there are good step-parents or good men, or just about anything.
people always try to say "maybe your doing it all wrong..maybe you shoulda...& believe me (i have witneses! that even then..I just keep getting bad results, I feel cursed! although I try to tell myself there's no such thing, never really believed in curses, you explain why this would happen)maybe it just comes down to people needing to change needing more morales & more God in their lives, idk. but until then..
For 1.My attackers have usually gotten free, where as I am punished for less.
2. Most people seem to have developed this cold, hard feeling that a victim is in some way guilty of something & brought it upon themselves.
so thank you society for leaving people to be fed to the sharks
& then you wonder why this happens.
I hope that these people who are so convinced this could never happen to a good person endure it for themselves..after all, it doesn't really happen, right?
 

Leelo

Junior Member
I have dealt with some mighty vicious people. I know all too well, random acts of EVIL. & endless praying that SEEMS to have no helping effect, but I believe that in some way the prayers do help. God be with you.


Evil acts happen to adults too, even (some times especially) to bigger people.
My brother once beat the **** out of me & then called 911 on ME!! because I'm older, they totally bought it, even though he hadn't a mark on it, I was the one with a black eye.
My cousin's boyfriend did the same to her, but they saw that she was the one with the marks (in HER case)
so yes, evil people come up with this vicious & unbelievable stuff to get what they wanted.
watch the news (even though they twist their stories too sometimes) & you will see there have been other guilty people to call 911 pretending to be innocent.
for every move there is a counter move (just gotta figure it out)
So clever people know that in order to look innocent (to these sheep) they must do these seemingly crazy things to make you appear guilty them innocent. Jut as Hackers always find ways through security.
There's always ways of them getting these things done.
Just gotta become one step ahead at all times (which is hard)
 

Indiana Filer

Senior Member
Leelo,

Get back in your time machine and join us in September 2009. The thread to which you posted is from August 2005. We're way past that now, and the thread is dead.

Oh, and this site isn't just for rambling posts. It is designed to provide legal help. If you have a legal question, please start a new thread, and post it. If you just want to post about your life experiences, try blogspot.com
 

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