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Harrassment/Physical Contact "Mutual Combat"

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MDS10

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

Situation:
Last week, my current partner and I ran into my ex-girlfriend whilst walking down a fairly non busy street. After being shouted at by her (to which we ignored), she proceeded to run up and start attacking me (biting, scratching, and punching). I continued walking pushing her away (retreating), and she continued. She continued chasing up to me and continuing, so I struck back once (as per self defense). There was a witness who pulled over and called the police. After police arrived, we were both cited with "mutual combat".

I received my citation in the mail;

S18 S2709 SSA1 Harassment - Subject Other to Physical Contact
Total fine of $337.00.

The witness as I understand was a general one; not blaming either party for striking first.

I've really boiled it down to two options, would someone be able to enlighten on the best course of action?

1. I plan to plead Not Guilty, and face court against her. As there's no clear physical damage on either of us (there was no way for me to take pictures of the marks), it would be a deadbeat case I'm guessing, as she doesn't wish to admit she struck first.

2. If both of us (my ex girlfriend and I) are able to negotiate, is there any way to avoid court or the fine if she turns up in person to clarify that she struck me first?

Would it be best just to plead guilty and accept the fine, or what?

Thanks!
 


cyjeff

Senior Member
And STOP TALKING TO THE VICTIM OF YOUR ASSAULT.

Yes, you can both be charged.

Yes, you hit her. Grown ups don't do that.

You stated yourself that you were not in any danger that required your assault.

May I assume you are male?
 

MDS10

Junior Member
And STOP TALKING TO THE VICTIM OF YOUR ASSAULT.

Yes, you can both be charged.

Yes, you hit her. Grown ups don't do that.

You stated yourself that you were not in any danger that required your assault.

May I assume you are male?
Let me clarify a few points here.

Yes, I am male.

After being struck repeatedly (which included punches, kicks, slaps, bites, and scratches), along with following the act of retreating repeatedly, my last possible action was self-defense, which regardless of gender I am in my full right to do. My 'assault' was one strike. I don't honestly understand what possible course of action I should have taken, as I was being attacked to the point I could not continue a retreat.

May I also elaborate as to priors;

In December she was charged with Domestic Battery/Bodily Harm against myself. In January she was issued a citation for harassment against my current girlfriend. In February she was issued another citation for harassment against the same person along with myself. In March she was issued with a citation for harassment against the person I am living with. This, along with two extra police reports against her in which she was no present when police arrived, and no action was taken by officers.

I've been issued no citations or priors against her, or anybody/anything before now.

I appreciate your swift conclusion to the fact I must be some crazed woman beater though.
 

Isis1

Senior Member
And STOP TALKING TO THE VICTIM OF YOUR ASSAULT.

Yes, you can both be charged.

Yes, you hit her. Grown ups don't do that.

You stated yourself that you were not in any danger that required your assault.

May I assume you are male?
why? cuz only women can attack men and claim "ooo he hit me??" :p
 

cyjeff

Senior Member
why? cuz only women can attack men and claim "ooo he hit me??" :p
no.

Because usually that is the only situation that angers a passerby enough to call the police.

Not saying he wasn't assaulted... just saying that the societal behavior indicated that the OP was male.

Your one strike... was it closed fist?

In the future, call the police instead of responding in kind.
 

FlyingRon

Senior Member
Retaliation is not self-defense.
He hit me first doesn't work any more with the court than it did with your mommy.
 

BOR

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

Situation:
Last week, my current partner and I ran into my ex-girlfriend whilst walking down a fairly non busy street. After being shouted at by her (to which we ignored), she proceeded to run up and start attacking me (biting, scratching, and punching). I continued walking pushing her away (retreating), and she continued. She continued chasing up to me and continuing, so I struck back once (as per self defense). There was a witness who pulled over and called the police. After police arrived, we were both cited with "mutual combat".
What you are describing is "preventive/preemptive self defense". Even if your state does not mandate a "duty to retreat", you did anyway. If continued to be stalked, as you describe, your reaction is one of to "prevent" injury to you before it happens, as it seems apparant it would have .

This is an arguable defense, whether it is sufficient to be found not guilty on is not for anyone to say but the "trier of fact".
 

TigerD

Senior Member
Yes, you hit her. Grown ups don't do that.
Nonsense. If someone runs up attacking you, any person has a right and an obligation to defend themselves. I'm a grown up and if what the OP described happened to me, I'd probably would have knocked her out.

DC
 
Last edited:

cyjeff

Senior Member
What you are describing is "preventive/preemptive self defense". Even if your state does not mandate a "duty to retreat", you did anyway. If continued to be stalked, as you describe, your reaction is one of to "prevent" injury to you before it happens, as it seems apparant it would have .

This is an arguable defense, whether it is sufficient to be found not guilty on is not for anyone to say but the "trier of fact".
Agreed.

For the record, I never said that what the OP was experiencing wasn't assault.

however, if a man was being slapped and retaliated with a punch in the mouth to a woman, the court may feel that the response did not equal the provocation.

I am not saying it is right... I am saying that the courts are made up of people that have preconceived notions of man against woman physical activity.
 

MDS10

Junior Member
Your one strike... was it closed fist?

In the future, call the police instead of responding in kind.
The strike was with my hand, without a closed fist. No interest in punching her or causing her damage, I am being legitimate when I say it was a strike in an attempt to stop her, not harm her.

I would've called police but neither of us had a cell phone, trust me, thought of it.
 

JhnsnLt

Junior Member
And STOP TALKING TO THE VICTIM OF YOUR ASSAULT.

Yes, you can both be charged.

Yes, you hit her. Grown ups don't do that.

You stated yourself that you were not in any danger that required your assault.

May I assume you are male?
Oh my Gosh, do you not read before you just blindly post stuff! The man just told you he was hit repeatedly by this woman, do not stereotype and think that woman cannot be abusive or men cannot be victims. You should not practice if you think this way. Don't judge, your not a judge...I dought your even...a legal secretary. The best advice for this man is to not necessarily plead guilty but go and talk to an attorney with experience in domestic relations. He needs to get a PFA from this person, she DOES need to cooperate with him and the courts and by no means should he be financially responsible for this type of unacceptable and illegal activity....
 

JhnsnLt

Junior Member
no.

Because usually that is the only situation that angers a passerby enough to call the police.

Not saying he wasn't assaulted... just saying that the societal behavior indicated that the OP was male.

Your one strike... was it closed fist?

In the future, call the police instead of responding in kind.
"Because usually...." ...wow! are you like a professional profiler? I mean really...what the heck are you even trying to tell people? Societal behavior?? lol, dont you have a couch to loom over in your office? ...my opinion..is your opinion doesnt count.
 

CdwJava

Senior Member
Oh my Gosh, do you not read before you just blindly post stuff! The man just told you he was hit repeatedly by this woman, do not stereotype and think that woman cannot be abusive or men cannot be victims. You should not practice if you think this way. Don't judge, your not a judge...I dought your even...a legal secretary. The best advice for this man is to not necessarily plead guilty but go and talk to an attorney with experience in domestic relations. He needs to get a PFA from this person, she DOES need to cooperate with him and the courts and by no means should he be financially responsible for this type of unacceptable and illegal activity....
This thread has been closed for 6 1/2 months ... perhaps you can try to find something a little more recent to rant about.
 

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