haighlsby

I need to know where I stand legally.

To cut a long story to medium length, I smacked a guy for fucking about with my car last night. (This guy was a cunt with me for quite a while so I think he deserved it, & I'm not the only one). After he pulled my hair & spat blood in my face we shook hands & agreed to put it behind us. Then as I was driving away, he booted my back left door, dented the boot lid, smashed part of my back left & tried potting my back window through.

What I want to know is, can I get him done for criminal damage?

Does the fact that I hit him (not without provocation) make me the bad guy in this fucked up country, or does the fact that we shook hands after wipe the slate clean from then on in?

charlie luciano

iTrader: (3)

Not a lawyer or five o but have experience with this type of thing

The fact that you have clumped him puts you up for an assault charge, were there any witnesses?

this one sounds a bit messy mate to be honest, if you nick him for criminal damage to your car, he'll no doubt want to get you nicked for assault and no doubt he will say you hit him and that's why he damaged your car,

if something like this happens again in the future hold your temper if you want to bring charges against someone, the law states that you should not take the law into you're own hands


Luciano

Pardeep

You got no leg to stand on. YOU HIT HIM FIRST. They aren't gonna give a fuck if he smashed your car up. You'll be getting raped for assault if he dobs you in.

ballin

iTrader: (1)

what a bizarre story....

he pulled your hair in a fight, then you shook hands, then he kicked your car as you drove off.....are you a pair of homo's?

BM08

As above i think, but i think there is an officer on the site? and also a chap who works for a claims company, if thats any use.

haighlsby

There are witnesses. He has done things like this before when I had a moped but I always let it go because there was little he could do to a moped where I couldn't get him done for criminal damage.

However he fucked me about one too many times last night & he got what he deserved & if he does it again I fear I may put myself in jail.

But basically I just want to know does the hand shake wipe the slate clean?

Lambchop

iTrader: (1)

you say if he does it again you'd do summat that might put you in jail. so why not get out and deal with it then?

what exactly did he do?

charlie luciano

iTrader: (3)

No it doesn't


Luciano

It's Czech Mate

Er no, you assaulted him. He can then claim what he did afterwards was 'aggravated'

You're best off keeping schtum and keeping hold of your dignity, and job etc etc

You do not want a criminal record for assault if you dont absolutely have to

haighlsby

I was aggravated by what he did last night & over the last year or so

Lloyd

no it doesnt.its the police who prosecute you.he would just be a victim/whitness.so if he makes a statement you are fooked.
unless you have people who saw him attack you first,and you acted in self defence.shouldnt be hard to find if hes the arsehole you say he is?

Big G

Are you taking the piss?

colgre

dark alley -fat lip springs to mind,but make sure there`s no one around

haighlsby

TBH that is what I am thinking.

I would much rather leave this be, but I doubt he will think the same way.

BM08

Nice first post, you should fit in on here just nicely

badnews

i tell you ring the feds first then the onus is on him to prove that you assulted him. i broke a lads jaw he was a complete nob head he started the fight with me as he was with a load of his mates on his birthday pissed and being a hero. anyway when he came round i was stood in the doorway talking to one of the door men he came up shook my hand appologised then went. two days later the five o are at my workshop arresting me for assult, i did not throw the first blow but he had been to hospital and his jaw was broken so it was reported to the police. months of hassels through the courts appeals for wittnes's in the local rag bla bla endless amounts of shite. anyway the copper was sound with me and told me i should have reported it before he did and then all the hassel would be on him and not me, i had to clear myself to the court and coppers but if i had called them first he would have been charged and not me. anyway i got away with it in the end and recouped me costs but i would now report any fight straight away wether i started it or not as the cops arrest them and they have to prove they are innocent. tell them he intimerdated you and a fight broke out and then tell them the rest of what happend it will take the heat off you and put it on him.

Chip

iTrader: (3)

Agreed, last thing you want to do in your situation is involve the police I would think.

alistairolsen

That and post about it on a public discussion forum

morph

iTrader: (1)

so you smacked him for fucking about with your car and then made up afterwards and then he fucks your car up again? why didn't you smack him up properly the second time he did that?
sorry but this sounds so unreal!

Are you sure it wasn't the other way round? you didn't lose the fight? if you did dont worry at least you showed him that you wont take his shite!
I would challenge him again, dont matter if you lose or win he will start relizing that maybe its not worth the hassle in the end!

It's Czech Mate

I meant aggravated as a legal term


Seriously, if you assaulted him and it goes to the police with witneses, it doesnt matter who started it, you'll have a conviction and people with assault convictions arent the easiest to employ

Big-Dan

iTrader: (2)

If you felt you had a good enough reason to plant one on him last night before he damaged your car then I'd say that he's due a good kicking for sure.

If your looking to be compensated I don't think you are going to get a penny out of this guy, better just claim on your insurance due to vandalism and be sure to stay away from him in the future.

Big-Dan.

Retro Al

iTrader: (1)

Many many years ago i was in a similar situation,a lad i new stole some cds from my flat when i had a party, i knew it was him because people saw him take them
Anyway he was gobbing off when i drove past him one night i jumped out the car nutted him, he was on his knees trying to keep hold of me he wouldnt let go of me so i stuck my finger right into his eye he screamed like a bitch lol then he let go, then all of a sudden his mates come running down the road,i jumped in my car and was about to drive off when one of his mates jumped on the bonnet fucking the bonnet and cracked the windscreen,i went straight to the police station (only because of my car was fucked mk1 astra gte btw lol),i told them he hit me first and i hit him to defended myself,told them his mate jumped on my car and damaged it
Anyway he got arrested cant remember if he got charged with anything,the guy who fucked my car agreed to pay to get it fix or he would be charged with criminal damage
So i got my revenge also got a nice new windscreen and a lovey shiny freshly painted bonnet,shame about my bubble jacket cover in blood

pullo

Go out t'nite and do him good this time

ben_frst

the fact is you should have stopped again and snapped summit off him then called the police saying he damaged your car and you were defending yourself

cozzfather

iTrader: (1)

dunno if its just me but shaking hands is somthing they do in crap old films,you should of just elbowed the bastard in the teeth or headbutted him.

honestly a copper told me once if someone assaults you you can legally asault them back in defence, roll with the punches so to speak.

vroooom ptssssh

If there were no witness's i'd of been tempted to say he set about your car, then you got out, he challenged you so you lamped him......! unless the witness's are in your favour

nugnah

you can legally punch someone with reasonable force first. It's called a pre-emptive strike. Police use it all the time. Basically the other guy would have assaulted you so you hit him first.

Personally mate you should have stopped the car and kicked the fuck out of him.

Just my opinion lol

Jason ( and yes i do work for the police)

charlie luciano

iTrader: (3)

The difference there being five o can do whatever the fuck they like and they never get nicked for it

and you do work for the police? good for you, now go past go and collect $200


Luciano

haighlsby

I would have got out & hit him again but I didn't want my windows putting through

Rsmat

iTrader: (2)

sounds like your both fags! should have sparked him out.....END OFF!

matts1

I don't get this thread, is it that you really didn't 'win' this fight or maybe got a lucky punch in but would possibly get you arse kicked had it carried on and so backed down and shock hands in an attempt to end the situation?

If you don't want further trouble, then chalk it up to experience and forget running to the old bill, they will most likely just do you both.

If on the other hand you could easily beat the shit out of the bloke, next time he does something to you - do a proper job so that he doesn't want to even consider tangling with you.

louie1

as above, I dont think you beat the bloke enough.
You should have made sure he wouldn't mess with you again.

Captain500rs

Should of done the job right in the first place when ya smacked him, and showed him what will happen if he does it again. Obviously just taking the piss out of you.

fish99

Already said, has to be reasonable force. Common law, pre emptive strike. R V Beckford or R V Heggarty are an informative read.

You have to have an honest held believe that you feared for your safety, or the safety of another. All about Justification

DanW@FastFord

iTrader: (1)

I still don't get the 'hair pulling' reference?? Surprised there wasn't slapping and shoe throwing too!

morph

iTrader: (1)

sounds like some sort of cross between Victorian gentlemens fight combined with a couple of drunken women mixed with a a young sckool boy with reference to 'he started it first miss'

Iain Mac

How slow were you driving for him to do all that?

And if he did most of it after you stopped, why didn't you
A) Reverse over him? or
B) Give him a proper pummeling the second time?

RSTurboSI

iTrader: (1)

if it was i. then he wouldnt be able to even have a case. and the car he just damaged he would of payed for.. knock on his door and his goods. paying for my damaged car.
sell them to pay for a new rear and whatever else the cunt damaged and hell be eating card board toast in the hosptial for the next 6months and if the cunt ever come back he'll be placed into my boot, and dropped off miles away in the middle of no where. kicked the fuck to bits and left. to walk the fuck home. and if he did it again. god bless the sole for trying but i would make sure his life would be less of one with no hands, no big toes, and he maybe lucky to keep his knee caps.

mrjenrst

Fucking hell

uruk hai

If you don’t know already find out exactly who the witness's thought was in the wrong and if them giving a statement and possibly evidence supports your allegation then you could consider reporting the criminal damage but as said you do run the risk of being reported for the assault. Legally you are allowed to hit first in self defence but you would need to prove to any court that you had no other alternative (i.e. running away) and you were certain that if you failed to act it would without doubt result in you being assaulted, even then the amount of force used must be seen to be reasonable and proportionate. When the police and other services "hit" someone it is in most cases a distraction technique that is used to gain compliance when attempting to control or restrain someone and in almost any other situation this would be deemed assault or battery.

Several years ago there was a similar case near where I live, a bloke driving too fast drove into someone’s car, the owner ran out the house and assaulted the driver. When the Police got involved both party’s
decided that it would be best to drop the charges of assault and driving without due care and attention as they both ran the very real risk of being convicted.