Do I have a win-able assault case against my classmate?

15.November, 2008

In school the other day I noticed that a kid sitting next to me had a pro-Soviet Union shirt on. I have enganged in friendly conversation with this kid on several occasions so I decided to ask him why he would wear such a shirt. When I asked him why he would wear a Soviet Union shirt and told him, in a calm voice, that the Soviet Union sucks, he took great offence. I did not know it but according to him, he was born in the Soviet Union. So I said that he and his family should know how much the Soviet Union sucked because they witnessed it first hand he went crazy. He kept making wild accusations about my intentions. I tried to end the conversation by saying ok lets just be quiet. He told me to shut up and I said try to make me shut up. If you did anything to me I could beat the crap out of you. THEN all of a sudden he reached for the glass green tea bottle that he had and smashed it over my head. I did not retaliate and it really hurt. Do I have an a win-able assault case against him?
I live in NJ if that makes a difference.
I live in NJ and plz I don't care if I should have kept my thoughts to myself. The first ammendment allows me to share my thoughts and i should not have to worry about getting mugged everytime I say something controversial.

just calm down and try not to offend any irrational former soviets if you can.

You could technically win a case, but think about it and ask yourself if it's really worth it. He'll probably assault another person later and get charged.

Geschrieben von: admin Zufinden in: green tea pro

14 Meinungen für “Do I have a win-able assault case against my classmate?”

speakeasy sagt:
25.February, 2008 um 2:45 pm
Yeah, hitting you with a bottle is a winnable assault and battery case. Talk to the cops, make a report. You need witnesses!
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Carson N sagt:
25.February, 2008 um 2:45 pm
just calm down and try not to offend any irrational former soviets if you can.

You could technically win a case, but think about it and ask yourself if it's really worth it. He'll probably assault another person later and get charged.
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iwillmocku sagt:
25.February, 2008 um 2:45 pm
In soviet russia, court case assaults YOU!!!
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huckleberryjimmy sagt:
25.February, 2008 um 2:46 pm
I bet you'll learn to STFU now won't ya and keep your political views to yourself?

OK you're right it's a free country, so keepon talking and keep taking those ass whoopings. It's your choice.
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Can't see the forest for the trees.
TPring T sagt:
25.February, 2008 um 2:46 pm
be careful on what you say and go see a lawyer
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u can keep your hat on sagt:
25.February, 2008 um 2:46 pm
i would like to hear his side of the story!
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Jay sagt:
25.February, 2008 um 2:46 pm
You verbally assaulted him, so it might be interesting on how your case turns out.

You need to have a recoverable damage. In other words you have to have a doctor bill or something that the court could award payment for.

Personally, I think you should accept the lesson. You approached him. He was just sitting there.

You are mad because you got the worst of what you started. In your own words, you threatened to beat the crap out of him.!! How do you think this is not your fault?
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iwishiweresomewheretropical sagt:
25.February, 2008 um 2:47 pm
No and you deserved what you got for being so thoughtless and rude! Learn to keep your big mouth shut. You can have your own opinion, but you don't need to rudly share it with someone!
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kadiss17 sagt:
25.February, 2008 um 2:48 pm
Sounds like you deserved it, disrespecting his heritage. I hope you learned a valuable lesson.
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Monkey Jones sagt:
25.February, 2008 um 2:48 pm
Darn Communists! Give him hell!
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My own Genious.
El Jefe sagt:
25.February, 2008 um 2:48 pm
You pretty much had him when you said, "OK, let's just be quiet".

You may have lost it when you told him to make you shut up. That's generally regarded as provocation. That doesn't justify what he did, but it certainly mitigates his actions.

You may still have a case, but it's on shaky ground. Moral of the story: If you want to win an assault case, don't goad someone into attacking you.
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suzanne g sagt:
25.February, 2008 um 2:49 pm
YOu probably do, but, does he have any $$ for you to win in damages? If not, why bother?
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gomanyes562 sagt:
25.February, 2008 um 2:51 pm
If you have damages, like medical bills, then yes. Otherwise it's going to be more hassle than it's worth.
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Cindy B sagt:
25.February, 2008 um 2:53 pm
If you report this he will have a criminal assault, which will require that you testify at court. You should report this because he needs help. As for a winnable assault case, you could sue for damages, and likely win if there are witnesses, but if you are a student in school, and so is he, it is unlikely he has any money to pay your judgment with. If you are juveniles then his parents would have to pay.

At the very least you have learned a lesson about when you should insult others, because you never know how they are going to react.

Edit:

Yes, you should have kept your thoughts to yourself, the US Constitution does grant you the right to free speech, but as you have learned, there are other penalties from free speech besides being jailed that you don't want to have to deal with. The right to free speech doesn't give you the right to insult others without penalty.
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Very Green Tea