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need legal help....

S

Swoleyoley

New member
tonight at the gym i busted some guy in the jaw, they called the police but I was already gone before they got there...what am I looking at here. My main concern is not being able to go back to my gym...i know they will probably not let me work out next time I come in and i need some lawyer to write them a letter explaining how I have a legal write to by contract to scare them into leting me continue to work out there...any ideas
 
They have every right to ban you, and probably would be putting themselves in much worse legal trouble if they allowed a known violent person workout there, then any threats you can dream up in a letter.

I would be more worried about arrest and being sued by the guy you hit.
 
hmmmm seems to me that if anyone (gym staff, gym members, etc) knew who you were and saw you do it then they'd just pull up your file and tell the police where you live. I'd be more worried about the knock on the door you're going to get here in a second rather than if you can go back to work out. ;)

There's always other gyms.
 
only one other member sall it i think, no employees...im not violent but dude made me snap...they all know me well i would just like to know how to approach this situation....this is the only decent gym in town, getting banned would be like losing a child
 
Yeah you might want get the gear out of the house if you have any. Cuase that guy might tel the police you had roid rage and he heard you were on roids also.

And if he files a lawsuit against you then you're fucked cause lawyers are expensive as HELL! One time i broke down my ex g/f's door to get my shit back cause she wouldn't open the door. And it cost me $1,200 to get out of thjat and it never even went to court. Thats was just $1,200 for the lawyer to talk them out of pressing charges on me.
 
BigRed54 said:
Yeah you might want get the gear out of the house if you have any. Cuase that guy might tel the police you had roid rage and he heard you were on roids also.

And if he files a lawsuit against you then you're fucked cause lawyers are expensive as HELL! One time i broke down my ex g/f's door to get my shit back cause she wouldn't open the door. And it cost me $1,200 to get out of thjat and it never even went to court. Thats was just $1,200 for the lawyer to talk them out of pressing charges on me.
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don't tell me that im fixn to start a cycle...they cant just search your house because of what people say. If he files a lawsuit he is a bitch anyway...he did have balls though
 
Swoley what up bro.. I feel ya some fools need a little wake up call. Seriously just let some time pass a couple of days or so and then call the gym ask them whats the low down if your anything like me people at the gym know you and wont try to get you busted. Time is always the best thing when it comes to this sort of thing if you give me more details i can give you better advice. I have some expierence in this sort of thing peace...feel free to e-mail me at [email protected]
 
I doubt hell sue you....no lawyer would take the case on a contingency basis b/c there probably werent any real damages....ie. lost wages, medical expenses etc. You usually have to show those first inorder to win personal damages..ie. pain suffering, mental distress. Assuming you didnt knock any teeth out ha ha
 
swoley

Criminally, you are looking at at an assault, probably in the 3rd or 2nd degree (in NY at least). Your state may refer to it as a battery. If this is your first offense, it will likely be plea bargained down to something else. You said only 1 person saw it. Who called the cops?

To be on the safe side, I would move your gear. I don't think the police have probable cause to get a warrant to search your home. It definitely appears that there is no exigent circumstance which would permit a warrantless search. Be safe.

In terms of a civil case, unless you broke his jaw, he had to go to the hospital, or you knocked out some chiclets, you are likely OK. If he has to miss work, pay medical expenses, goes to a shrink because of the mental distress you caused, you could be fucked.:mad: However, if you are judgment proof (i.e., broke), no lawyer is going to take it because PI lawyers take cases on a contingency basis (usually 1/3 of the recovery). The statute of limitations is probably a year in your state, but I don't know for sure.

As far as the gym goes, that is totally up to them. What did the cat do?

Hope this helps
 
Swoleyoley said:
only one other member sall it i think, no employees...im not violent but dude made me snap...they all know me well i would just like to know how to approach this situation....this is the only decent gym in town, getting banned would be like losing a child
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Should have thought of all of this before you popped the dude.

No excuse unless you were defending yourself from eminent (sp?) bodily harm. You are worried about the gym? How about assault charges? Battery? A civil suit?

I would come up with a DAMNED good explanation, and be ready to act VERY nice and apologetic to any cops that show up .... tell 'em you were sick or something, maybe they will have a heart or whatever . but cop an attitude .... you are running major risks.
 
As I stated above, it is totally up to the gym. Moreover, the gym is better off not letting you lift there, particularly if he makes an issue of it. I would bet your membership has a clause in it stating that you will not assault, intimidate, harass, etc. other members.
 
If you are that bent on getting back uin the gym, I would shopw up there and very humbly apologize to the gusy that run the place, maybe even offer to do the same to the guy you hit.

Sorry man, thats the breaks ...... if you think you are going to maitain some "attuitude" and expect them to have their business be at risk - you are in for a rude awakening.
 
Swoley,

I wouldnt stress it. More than likely you will get banned, but I thin the police mess will settle down. ITs a simple assault charge and with no prior history you will do maybe 30 hrs community service, and have it dismissed once that is completed and you are on probation for maybe 6 months.

NFG
 
hey swoley i bet that punk ass faggot will not press charges, cause you will just fuck him up even more after you do your 30 days in county, every day thinking about that punk bitch who put you there....or if he's a real man, watch out for the baseball bat to the dome....but i doubt that, there are not many people who would be down to do felony time over this shit.......fuck it go into the gym tomorrow, if they love you they will kick his faggot ass out and then that will be icing on the cake.....hahahahaha....later bro, and good call on punking that bitch out, too bad all the fitness models weren't there getting ALL WET....HAHAHA
 
Swoleyoley said:
only one other member sall it i think, no employees...im not violent but dude made me snap...they all know me well i would just like to know how to approach this situation....this is the only decent gym in town, getting banned would be like losing a child
Click to expand...

Well, if you were the owner do you think you would let a guy in that stomped on one of your other members? Does he need your business that bad? Hell, he'll probably be glad to give you a refund. Just trying to show a different angle here.
 
hey im the guy you punched! ouch! na just kiddin, if i were you i would just go back there and pretend like nothing happened, see what they say, but if they do say you cant lift there your sol.
 
Your best argument...be it with the charges or the gym is self defense. Just say you were in fear of an emminate harm and you were merely attemping to protect yourself.
 
Swoley, This same thing happened to me. Some punk was smashing the db's on the floor. So I said "hey, can you not do that. You're gonna break the db's." Next thing hes staring at me and shit. I ask if he has a problem and he starts all loud "Oh, please dont hurt me." Trying to make me look like a punk. So I waited out side and Beat his ass. Next theing I know, my brother (who was with me) , calls and says the gym owner called him and the detectives are looking for me. So i had to go to the police station and straighten it all out. They eventually dropped the charges. The only thing that was good for me was the gym owner saw me walk away in the gym. And did not see walk up and beat his ass out side. So the owner told the cops the kid started it. So it will probally be dropped, if he presses charges. But you will have to go down to the station and shit like that. Good Luck.
 
oh well its all good with the gym, they called me at work a couple hours ago and said they wanted to get my side of the storey, I gave them some storey about I didnt even know him and he spit in my face...she was like damn I would have beat his ass. I don't know if hes gonna press charges, most likely not, i think I scared the shit out of him.
 
Well if you didn't break his jaw you might get out of it but in my case I wasn't so lucky his jaw was broke in 3 places and this poor guy had his jaw wired for several weeks and a doc wrote a report that i must have been a pro fighter because for 1 punch and his size it shouldn't have happened so they done some investagating and found out I was a black belt and tried everything they could to sue and press charges but the D A wouldn't except them because he was hitting a girl in a public place and the reason i hit him was he was hitting this girl and thats what help get me out of it and if you don't have someone that says he tried you you might be in a bind bro because they put me through some stress, now this was a few years ago before i straightened up on memorial day, but you better be carefull doing that mess they could through you in the jail.
 
pittbull2 said:
Well if you didn't break his jaw you might get out of it but in my case I wasn't so lucky his jaw was broke in 3 places and this poor guy had his jaw wired for several weeks and a doc wrote a report that i must have been a pro fighter because for 1 punch and his size it shouldn't have happened so they done some investagating and found out I was a black belt and tried everything they could to sue and press charges but the D A wouldn't except them because he was hitting a girl in a public place and the reason i hit him was he was hitting this girl and thats what help get me out of it and if you don't have someone that says he tried you you might be in a bind bro because they put me through some stress, now this was a few years ago before i straightened up on memorial day, but you better be carefull doing that mess they could through you in the jail.
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Damn that was a long sentence.
 
In georgia the guilty person is the one who didn't call the police. If the other guys calls the cops and files charges then your ass will be in jail. But if you press charges first then he'll be in jail first.

So only one person saw the event. Did they see the whole event? If not then your OK. or Will they lie for you or the other person. Cause the way I see it the other guy made some racial or ethnic slurs then in an aggressive manner threw a punch that missed. You in turn had to re-act to his violent attatck.

BTW: I'm from Marietta-- so what gym do you workout at??

I'll give you some good karma.. to counter the bad karma.
 
deny,deny,deny everything!!! after that .....deny everything!!! i'm glad to hear your gym is cool with you bro. next time do it outside. and smash him in the head a few more times for making you wait till later to do it!!
 
ya i thought it was funny because when the manager called it seemd like she was encoraging me to beat his ass, but just do it outside
 
NFG123 said:
Swoley,

I wouldnt stress it. More than likely you will get banned, but I thin the police mess will settle down. ITs a simple assault charge and with no prior history you will do maybe 30 hrs community service, and have it dismissed once that is completed and you are on probation for maybe 6 months.

NFG
Click to expand...

that sucks bro:bawling:
 
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