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Bar Fight

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steiney70

Guest
What is the name of your state? NY

REcently arrested for Assualt 2 since I allegedly hit a kid in the mouth with a beer bottle.

He and his brother started a fight inside the bar with my group of friends and were escorted out the door. Upon removal from the bar, they were stating they were going to get us outside. We waited 20-30 minutes before leaving to avoid confrontation but they met us at the door. We had to leave because the bar was closing.

The guy was chest to chest with my friend, another guy was pointing at me about 5 feet away threatening to kick everyone's asses and a third person was somewhere behind me. All I remember is getting knocked to the ground and had to fight my way back to my feet. A witness says he saw me hit the kid with the bottle first but it happened so fast I can't recall.


IS this a form of self defense because I felt threatened outside the bar and my witnesses can confirm they started the fight inside the bar? In my friends statement, he even stated he felt he would have to defend himself. If not a self-defense argument, should I take a plea of no jail time if offered. My brother saw me with the bottle but I certainly didn't mean to kill anyone and that is what they are claiming.


Also, the kid I hit was only 20 and drinking in this bar. Legal age is 21 in NY. Does this help me in any way?

Any advice is appreciated.
 


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hmmbrdzz

Guest
Steiny: You need an attorney. It won't matter one iota if that kid was 20 or if he was 200. There are witnesses that state you hit a live person in the head with a bottle. This means you assaulted him a weapon with the intentions of inflicting great bodily harm or death. It wouldn't matter where anything started or if the kid was of drinking age. If you don't know who hit first, you were possibly drunk, and if so -- that is going to make your defense that much weaker if it's on the police report. It will matter, though, that these kids were thrown out of the bar and were waiting outside. That is a line of self defense for you, but you will need an attorney to show taht defense and to prove you didn't intend on killing him. This is a serious charge, and I would strongly advise getting an attorney.

hmmbrdzz
 
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steiney70

Guest
Thanks for the advise.

I have secured a good attorney that used to be a DA and he feels good I won't do any jail time since I am currently employed with family and child. I have no prior record so he seems to think it could be reduced to a simple assualt.
 
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hmmbrdzz

Guest
Sorry, been away deep sea fishing for the morning. No big one. With an attorney, yeah -- seems about right. It'll be well worth your money to not have a felony record. Good luck.

hmmbrdzz
 
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steiney70

Guest
Do you think that Simple Assualt will be the best I can get and should I jump on this if offered? ...Would you recommend your client to jump on this or hold out to see what else can be done?
 
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hmmbrdzz

Guest
Hi Steiney: I am not an attorney. I simply know a few things and like coming here to attempt to help people. I'm a health care professional of a little over two decades, having worked with the Division of Prisons and adult offenders and juvenile delinquents (health care ONLY), but in my 6 year job with the DOC, I learned a lot about charges, the judicial system, the probation and parole system, and about the importance of attorneys for people who've been charged. Also, in a separate job, I had an employee who I had to let go of one time because she was charged with assault with a deadly with intent to inflict serious bodily injury. She was a nice, hard-working girl (about 23), had a child, and she had a very raunchy neighbor -- a drunk neighbor who she was afraid of because of his propensity to get drunk and walk over to her house and start being a butt. One day, after he came to her house drunk, and after an argument ensued on her porch, she followed him back to his yard (toting a 2x4 -- a big stick she kept at her front door), and she clobbered him in the head on his property when he attempted to follow her back to hers. She got thrown in jail. I had to ultimately let her go from her employment. She kept in touch. She got an attorney, and it cost her close to $2000.00 to get it reduced (according to her), and it took 8 months for her attorney to get it reduced. She couldn't get it dismissed because she had followed this drunk to his yard. Because he was a drunk, though, and because the police had been over there before with complaints and had arrested him, this helped her case.

Steiney, I have no idea if you should "jump on this" (what your attorney is offering you). I only know you don't want a felony assault conviction on your shoulders and that with an attorney and the description of what you say happened, you should be able to get it reduced. You don't want to have to list an assault conviction of any kind on your employment applications. You don't have a record, and it would be well worth your money to attempt to keep it that way. Since these dudes were waiting outside for you, I would ask the attorney to request dismissal of the whole thing. But he's your attorney, so listen to him.

Remember -- I'm not an attorney, and also remember that there are many on this board who are not attorneys -- they just like helping. Do not trust a disclaimer at the bottom of someone's note that indicates they are an attorney and who offers you something "encouraging" or disputes what your attorney says. You speak to your own attorney in person and listen to him exclusively. Good luck.


hmmbrdzz
 
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Mike101

Guest
Being a law enforcement officer now in NC and before that in NY I would say simple assault will be a given. You wouldn't even need an attorney to get the DA to agree to that.
How serious was the other person injuried?
 
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steiney70

Guest
Thanks for all the support and information.

The guy refused to be treated on site. The charges state that I chipped a tooth, split his lip and he cut his tongue. Since he refused onsite treatment, the police were not able to give me exact injuries but my lawyer is trying to get them.

This thing is killing me and I want it over but I don't want to plea to an assualt because of the civil lawsuit, especially if you all think I can do better.

My lawyer used to be a DA in another county so he knows the ropes. He plans to fight the entire thing but I am afraid if I get convicted at a jury trial, I will do jailtime. My family nor I can afford that.

I was just wondering at what point should I stop fighting and plea. Disorderly Conduct?...Simple Assualt?...Balding Tires?

I will listen to my lawyer but having a few people say that I won't ...or shouldn't go to jail makes me feel better.

Thanks again to eveyone. It makes me feel better to get some additional input.

Thanks hmmbrdzz

Hey Mike101, I relocated to Charlotte 4 years ago and I am loving it. I hate the commute back to NY for this but I need to fight it like my lawyer says. I won't let this kid take my house or my family from me. Any more info would be greatly appreciated.
 
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Mike101

Guest
If you don't have a really long record you have a better chance of winning the lottery then going to jail. If injuries were minor then I would go for the jury trial.

Winters are a hell of a lot nicer down here aren't they?
 
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steiney70

Guest
No Kidding. Especially after getting 12 inches on Christmas.
 

nailtech

Senior Member
even if he does try and sue you in civil court, you can countersue him as well..... thats where your witness will come in handy... keep your chin up and stay out of the bars... ;)
 

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