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Would you press charges?
Posted: Sat Nov 01, 2008 10:05 pm
by atxgun
So hopefully everyone's halloween went better than mine. It started out well enough. We met up at a friends house then walked downtown to get some drinks. Ended back at the house for the after party. A friend of mine was acting the fool so I tried to take him aside and talk some sense into him. The next thing I remember is briefly waking up in the ambulance and then waking up in the ER with a cop next to me asking if I wanted to press charges.
As I write this I have quite the black eye with several stitches above it. My neck is sore and it's even somewhat painful to type this due to a sprained wrist. I got an MRI and had some Xrays taken, there's no permanent damage. So with the fact this was the result of actions taken by a druken long time friend I feel I did the right thing by giving him a mulligan and not pressing charges.
I don't remember the immediate events preceding the attack but from asking around I didn't do anything that would "warrant" a punch.
He has offered to reimburse me for my medical expenses.
Given this description would you have pressed charges, or not?
p.s. No, no guns were involved in any way shape or form. None were present at all at the scene of the crime, but still wanted to get feedback from this community.
Re: Would you press charges?
Posted: Sat Nov 01, 2008 10:10 pm
by Lumberjack98
Given the circumstances that you have outlined, I would not press charges. However I may not invite him over for any more parties either.
You may wait until you have all of your medical results in before you make your final decision though.
Re: Would you press charges?
Posted: Sat Nov 01, 2008 10:12 pm
by srothstein
Honestly, I don't think I would press charges, but I also don't think I would associate with him any longer. A lot of it would depend on exactly what led up to the attack, on both sides. There is an old syaing about friends like this and enemies, which I am sure you know.
Re: Would you press charges?
Posted: Sat Nov 01, 2008 10:39 pm
by seamusTX
Well, I'm sorry that your Halloween went so badly.
It sounds like you were the victim of aggravated assault (a second-degree felony).
What would you do if this had been a road-rage incident or mugging by a stranger? How is it different if done by a "friend"?
This person obviously needs to straighten up and fly right. Perhaps criminal prosecution would be the wake-up call that they always talk about.
OTOH, it would cost him at least 10 grand, maybe more like 20 or 50; and he could be convicted of a felony, which has permanent, life-altering consequences.
Tough decision.
- Jim
Re: Would you press charges?
Posted: Sat Nov 01, 2008 10:46 pm
by HighVelocity
That's a really tough call. I agree with what's already been said though. The friendship has come to an end.
Re: Would you press charges?
Posted: Sat Nov 01, 2008 11:01 pm
by nitrogen
medical expenses covered? check.
Also sounds like someone needs drug/alcohol counceling if they want to remain a friend.
Re: Would you press charges?
Posted: Sat Nov 01, 2008 11:17 pm
by flintknapper
No long term physical damage on your part + long time friendship= Stupid and unwarranted action on his part, but not something I would press charges over.
I would think twice about my association with him however, especially when he has been drinking.
Re: Would you press charges?
Posted: Sat Nov 01, 2008 11:19 pm
by bridge
If this was an unusual, one time reaction to a night out drinking I'd say let it slide. If this is a common behavior by your clans resident bad drunk (most cliques have one that eventually needs an intervention or wake-up call) a lengthy, costly legal battle might do the trick.
Re: Would you press charges?
Posted: Sat Nov 01, 2008 11:24 pm
by ScubaSigGuy
In my younger days I might have tolerated this type of thing a little more, but not any longer.
I probably wouldn't press charges either, but I would definitely take him off of my party invite list. Friendships like that aren't worth having.
Re: Would you press charges?
Posted: Sat Nov 01, 2008 11:29 pm
by longhorn_92
ScubaSigGuy wrote:In my younger days I might have tolerated this type of thing a little more, but not any longer.
I probably wouldn't press charges either, but I would definitely take him off of my party invite list. Friendships like that aren't worth having.
Life is too short.....to put up with "friends" like that.
Re: Would you press charges?
Posted: Sun Nov 02, 2008 1:56 am
by KBCraig
atxgun wrote:He has offered to reimburse me for my medical expenses.
Given this description would you have pressed charges, or not?
Your damages are covered by the medical expenses, and an award for pain & suffering if you wished to pursue this in civil court.
Criminal charges are for the state. The state wasn't a victim here, you were. So long as you are made whole (the likelihood of which decreases if your friend is prosecuted, fined, and jailed), the state has no stake in the matter.
Collect your damages. Leave the state out of it. And evaluate your friendship, or at least the circumstances under which you socialize with this guy.
Re: Would you press charges?
Posted: Sun Nov 02, 2008 6:25 am
by KD5NRH
atxgun wrote:He has offered to reimburse me for my medical expenses.
Is he also going to cover some training so you don't lose next time?
Re: Would you press charges?
Posted: Sun Nov 02, 2008 8:12 am
by anygunanywhere
If alcohol was involved and contributed to his behavior I would press charges if he did not agree to a treatment program.
Anygunanywhere
Re: Would you press charges?
Posted: Sun Nov 02, 2008 8:48 am
by KaiserB
I would not press charges... look at the circumstances you put yourself into, then look at the results. I am not saying it is bad to have a few drinks, but there are certain people I do not go have a few drinks with because they get out of hand.
Re: Would you press charges?
Posted: Sun Nov 02, 2008 8:51 am
by KaiserB
KBCraig wrote:atxgun wrote:He has offered to reimburse me for my medical expenses.
Given this description would you have pressed charges, or not?
Your damages are covered by the medical expenses, and an award for pain & suffering if you wished to pursue this in civil court.
I don't think you can get Pain and Suffering (Tort Laws) unless you can prove damages beyond normal medical issues. For example, if you have constant headaches (as a result of the fight) and the Dr. says you will have these headaches every day for the rest of your life, a judge may grant you pain and suffering.