Girl on Girl Assault all on a Saturday Night

[JoeAssault]

What is the name of your state? North Carolina

This is actually for my girlfriend who is 20. I'm 18 myself and we usually hang out at my friend John's house who's 22. So as you can imagine there is some drinking that goes on. But he's very particular about who he has over and what comes into his house(I.E. Drugs besides alcohol), he's basically paranoid about it. He's also an extreme lightweight when it comes to drinking. But it was around 10:00 and this 17 year old girl named Rebekah that nobody really likes shows up, with another girl that was invited. (Which we didn't know but she was actually invited). So she arrived and is a sloppy ass drunk, looking for coke. She left at around 11:00 and so did the marjority of the people, this is when John passed out from his 2 beers haha. And it was just me and my girlfriend and a few other people hanging out and just talking. At around 12 she walks into the door with about 15 frat kids that nobody knew at all. They walked straight threw the house and out to the back patio, where they lit up a joint and started smoking. Also Rebekah was asking one of our friends if she could blow a line of coke off his jacket. At this point we tried to wake up Sean so he could handle it. But those 2 beers really got him, haha. So my girlfriend, Shannon, went to Rebekah and told her that her and her friends needed to leave, trying to stick up for John. She replied that she didn't know any of them which was kind of hard to believe. So Shannon told all the frat guys that they needed to leave, because the owner of the house does not know who they are, so they complied. Rebekah slowly followed. Me and Shannon went out there a couple minutes later to make sure they had totally peaced out. But as you could guess, Rebekah was next to her friends car right next to a main road and than started yelling to my girlfriend to get back inside bitch. My girlfriend went up to the car and told them that they look suspicioius and need to find another parking lot to figure out what to do. Rebekah got in Shannon's face and Shannon pushed her. Rebekah got in her face again and Shannon pushed her again. Except Rebekah came back swinging and actually scratched my girlfriend in the face. My girlfriend is a blackbelt and punched her 3 times in the face. Giving her a black eye and a scratch because Shannon was wearing a ring(which she would've taken off if she thought there'd be a fight). She peaced out and we got a call later that week that she is actually pressing charges. What should me and my girlfriend do?

 

[Shay-Pari'e]

I can't believe I just read this whole thing,**************..

Advice: Wait for charges to be filed and then get a attorney.

 

[JoeAssault]

Yah sorry its long but to get all the details it was necessary. and the charges have been filed, it's an assault charge. what kind of case do we have? is this just going to be a bunch of bull****(i wont be surprised if it is).

 

[CdwJava]

You don't have anything to do with this mess. If Rebekah calls the cops and the cops come calling, then Shannon needs to consult an attorney. Shannon was the primary aggressor here as she struck the first TWO blows. It is NOT self defense to push someone because they are "in your face" ... not to mention the fact that had Shannon stayed inside Rebekah would never have been in ANYONE's face.

Wait, and then call an attorney if need be.

- Carl

 

[JoeAssault]

This is for Carl. Yah I do realize I have little to do with this. But I was a witness and she's my girlfriend. Of course I'm going to try to help her no matter what. I might have phrased that wrong, but Rebekah was actually the one who delivered the first blow and scratched my girlfriend on the face. And it wasn't that she was just in her face but she was also talking ****. my girlfriend pushed her to get her to back off and was feeling threatened with someone being all like wtf are you going to do an inch away from her face. and i realize that if no one went outside to check than they wouldn't have cursed at us and we wouldn't have went over there blah blah blah. but i'd rather go out there and tell them to leave than a cop rolling by searching them finding blow and than them telling the cops that we were having a wild party or some ****. it was all in defense of our friends house. but anyway get back at me. thanks a lot.

 

[CdwJava]

[

Rebekah was actually the one who delivered the first blow and scratched my girlfriend on the face.

That is NOT what you wrote:

“Rebekah got in Shannon's face and Shannon pushed her. Rebekah got in her face again and Shannon pushed her again. Except Rebekah came back swinging and actually scratched my girlfriend in the face.”

That indicates that Shannon struck the first blow! A “push” is a battery. In fact, Shannon assaulted Rebekah TWICE before Rebekah retaliated!

And it wasn't that she was just in her face but she was also talking ****.

Not a crime.

my girlfriend pushed her to get her to back off and was feeling threatened with someone being all like wtf are you going to do an inch away from her face.

This is not a legal justification for assault and battery. No self-defense claim can be made here.

it was all in defense of our friends house.

Legally, this is not sufficient cause to attack someone.

- Carl

 

[JoeAssault]

Quote:
And it wasn't that she was just in her face but she was also talking ****.
Not a crime.

Can't that be construed as verbal assault? what about the fact that she instigated the fight?



Quote:
my girlfriend pushed her to get her to back off and was feeling threatened with someone being all like wtf are you going to do an inch away from her face.
This is not a legal justification for assault and battery. No self-defense claim can be made here.

could you explain why? if someone was verbally assaulting than when calmly talked to got angry and started cursing into someone face.

and isn't the whole point of assault that you tried to put them into intense physical pain beyond just a fight. like you tried to disfigure them or put them into the hospital. thats just what i read in another thread. like can they prove that she was definately trying to really inflice intense pain?

for carl,so basically you think that we will lose the case?

what can we do to help the odds. and if we lose, what kind of penalties will most likely be put in?

 

[CdwJava]

Can't that be construed as verbal assault? what about the fact that she instigated the fight?

There is no such legal animal as “verbal assault” – at least not such that it would justify physical violence in response. As for who instigated the fight, that is arguable. The issue is not who said what to start things rolling, but who landed the first blow. Shannon did that. Chances are a jury and/ or a judge wouldn’t have any great sympathy for Rebekah because of her actions, but it does not change the basic facts.

could you explain why? if someone was verbally assaulting than when calmly talked to got angry and started cursing into someone face.

In a nutshell, self defense is defending one’s self from a physical attack, not from a tongue-lashing. Shannon could have backed off and called the police. She did not have to get in Rebekah’s face, nor did she have to push Rebekah. Shannon simply lost her cool. It’s understandable. But, even though it is understandable, she is still likely to be seen (legally) as the primary aggressor.

and isn't the whole point of assault that you tried to put them into intense physical pain beyond just a fight. like you tried to disfigure them or put them into the hospital. thats just what i read in another thread. like can they prove that she was definately trying to really inflice intense pain?

Where did you read that? The infliction of pain might be a start for a tort claim, and it might be an element of another offense, but it is not an element of simple battery.

for carl,so basically you think that we will lose the case?

Her attorney can tell her what he or she thinks a court would decide. As I said, Rebekah is not likely to have a whole lot of sympathy in this situation, but she could prevail if she comes off sympathetic enough. She has injuries, and injuries play to a jury.

what can we do to help the odds. and if we lose, what kind of penalties will most likely be put in?

If the police come knocking, she will need an attorney to defend her. As for the penalties, it depends entirely upon the specific offenses she is charged with. There could be a big difference in the penalties for the various assaults. She could face county jail time, community service, probation, and/or fines – or any combination thereof.

- Carl

 

[JoeAssault]

how long would she be put into jail for? would this ruin her job?

 

[JoeAssault]

how long would she be put into jail for? would this ruin her job? and this sounds really dumb i know but i'm just looking through every avenue here. she has tried flirting with me and putting her arm around me and stuff. i'm reading that sexual assault can be any undesired physical as a sexual nature. what do you guys think?

 

[JoeAssault]

how long would she be put into jail for? would this ruin her job? and this sounds really dumb i know but i'm just looking through every avenue here. she has tried flirting with me and putting her arm around me and stuff. i'm reading that sexual assault can be any undesired physical as a sexual nature. what do you guys think? and what would the fact that she's a black belt and the fact she's under age have to do with it?

 

[JoeAssault]

how long would she be put into jail for? would this ruin her job? and this sounds really dumb i know but i'm just looking through every avenue here. she has tried flirting with me and putting her arm around me and stuff. i'm reading that sexual assault can be any undesired physical as a sexual nature. what do you guys think? and what would the fact that she's a black belt and the fact that the other girl is under age have to do with it? i'm also doing some research on battery and it says, with the intent to harm. i'm wondering if they could prove that shannon pushed rebekah not for harm but in self-defense and in defense of the friends house. (with random people that no one knows things could have easily gotten stolen and or broken with no one knowing who actually did it,it also its battery if theres an injury thats slight. there was no push with the injury. they could claim battery during the fight but so can we. i'm just trying to go down every avenue here because my girlfriend finally found a good job and is finally getting on her feet and doesn't need all this, sorry if its too long. thanks a lot.

 

[CdwJava]

Okay ... the unwanted touching is the battery. Shannon committed battery by pushing Rebekah. She committed assault and battery first ... she pushed Rebekah TWICE. That makes her the primary aggressor no matter how you cut it.

The police have not gotten involved, yet.Stop stressing about something that may never happen.

- Carl

 

[JoeAssault]

ok, i don't know how many times i've posted this but we have had to talk to the police. the court date is in january. i've posted that before along with the first post. and i realize she's the primary aggressor, but from what i've been reading you can claim self defense or defense in the name of a property. i'm not saying it can work i'm just going down every avenue. so again to my original questions. if it gets to jail time how long? could this affect her job? also the other girl was always flirting with me and touching me, can a sexual assault charge be reasonable here?

 

[tranquility]

Carl, say a person is using drugs in front of me and I tell him he's going to have to leave. Instead of leaving, this person becomes angry and aggressively closes the distance until he is right in my face, are you saying I cannot reestablish distance? Say you're on duty. You contact a person and they do the same thing to you. If you used force on this person rather than take a step back, have you battered him?