Charged with assault 4

[xylene]

1. What is your relative size to this other person.

2. Are you like a Kung Fu guy or something.

I mean one punch and you put a guy in an ambulance...

Are there any witnesses?

You really need a lawyer.

 

[davew128]

Were I in a similar situation, I don't know I would have punched the guy after getting pushed, probably wouldn't have needed to after body slamming him. Not defending the OP in a legal sense, but damned if I'm going to let some fat pant load push me without consequences.

 

[kingglaucus]

Hitting someone is not.

Under Oregon State law ORS 181.209 a person is justified in using physical force upon another person for self-defense or to defend a third party from what the person reasonably believes to be the use or immanent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. From my understanding someone doesn't have to even touch you to use self defense. If someone is menacing you it is perfectly justified by law to take action. I believe Oregon has a "duty to retreat law" which is discussed and determined in the pretrial. I only used as much force as it took to nutralize the threat. I think if I was to continue hurting him after I hit him one time and he fell and I had the chance to safely get out of the sitatuon that would justify me getting charged with assault.

 

[Proserpina]

Under Oregon State law ORS 181.209 a person is justified in using physical force upon another person for self-defense or to defend a third party from what the person reasonably believes to be the use or immanent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. From my understanding someone doesn't have to even touch you to use self defense. If someone is menacing you it is perfectly justified by law to take action. I believe Oregon has a "duty to retreat law" which is discussed and determined in the pretrial. I only used as much force as it took to nutralize the threat. I think if I was to continue hurting him after I hit him one time and he fell and I had the chance to safely get out of the sitatuon that would justify me getting charged with assault.

Heavens to Murgatroyd!

You're not going to enjoy your courtroom experience. No, Sir, not one little bit.

 

[kingglaucus]

1. What is your relative size to this other person.

2. Are you like a Kung Fu guy or something.

I mean one punch and you put a guy in an ambulance...

Are there any witnesses?

You really need a lawyer.

I am about 5'4 120 pounds
He is about 5'7 180 pounds

I am not a kung fu guy. I did grow up in a rural area with a lot of brothers so I guess I am a little "tough" for my size. But I'm not a angry person and I don't have emotional problems and I have never been in a fight other than rough housing with my brothers.

 

[quincy]

I am about 5'4 120 pounds
He is about 5'7 180 pounds

I am not a kung fu guy. I did grow up in a rural area with a lot of brothers so I guess I am a little "tough" for my size. But I'm not a angry person and I don't have emotional problems and I have never been in a fight other than rough housing with my brothers.

Your attorney will work with you to help you fashion some sort of defense.

I would not go into the attorney's office spouting off laws that you think might apply, though. State the facts of the incident. The attorney (if he is anywhere near a competent criminal defense attorney) will know what to do with these facts.

Good luck.

 

[kingglaucus]

Heavens to Murgatroyd!

You're not going to enjoy your courtroom experience. No, Sir, not one little bit.

Because the justice system is terrible and corrupt in many senses? Many that should walk don't and many who shouldn't walk do. Trial is like a box of chocolates....

 

[quincy]

Because the justice system is terrible and corrupt in many senses? Many that should walk don't and many who shouldn't walk do. Trial is like a box of chocolates....

Oh. PLEASE do not start that nonsense with your attorney (or on this forum).

 

[Proserpina]

I am about 5'4 120 pounds
He is about 5'7 180 pounds

I am not a kung fu guy. I did grow up in a rural area with a lot of brothers so I guess I am a little "tough" for my size. But I'm not a angry person and I don't have emotional problems and I have never been in a fight other than rough housing with my brothers.

Yes, you do have emotional problems. You can't control yourself and that's not a good thing.

Don't go blaming the justice system for your foolish action.

 

[kingglaucus]

Oh. PLEASE do not start that nonsense with your attorney (or on this forum).

I've been in contact with a family member who is a lawyer and I allowed her to look at all these responses and she thinks this forum is a joke. My actually attorney hired for the case says if what I say is true I have a decent case. I appreciate the insight and responses but I feel as if many of you have no idea what you are talking about.

 

[Silverplum]

I've been in contact with a family member who is a lawyer and I allowed her to look at all these responses and she thinks this forum is a joke. My actually attorney hired for the case says if what I say is true I have a decent case. I appreciate the insight and responses but I feel as if many of you have no idea what you are talking about.

Yes, what you state is uncommon, but has a name nonetheless: it's called The OG Effect.

 

[Proserpina]

I've been in contact with a family member who is a lawyer and I allowed her to look at all these responses and she thinks this forum is a joke. My actually attorney hired for the case says if what I say is true I have a decent case. I appreciate the insight and responses but I feel as if many of you have no idea what you are talking about.

Predictable.

Boring.

And I'll go ahead and say it: you're a liar.

We know it, and we know that you know it.

 

[Eekamouse]

Flipping people off is freedom of speech? LOL. How did you arrive at that? And again, who elected you to monitor the speed in which cars travel?

 

[stealth2]

LOL I remember, when I was young and a new driver, having some dude up my bumper 'cause he thought I was going too slow. I (foolishly) flipped him the bird. He followed me into the parking lot of where I was going, followed me to the bank, all the while screaming things I shall not repeat here. I did what I advised my kids (in later years) to do - walk away. Think of the trouble you would have saved yourself.

OP - have you heard of Napoleon Syndrome?

 

[davew128]

Flipping people off is freedom of speech? LOL. How did you arrive at that?

Beyond the facts that federal courts have upheld it? http://www.ca2.uscourts.gov/decisions/isysquery/8ea5193d-9b87-4e23-9840-a803659cf798/1/doc/11-2846_opn.pdf