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Thread: need to vent and a lawyer

  1. #1
    Regular Member dukenukum's Avatar
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    As many of you know I am an ice cream vendor by means of a push cart .
    Sunday july 27 I was selling and a female attacked me yelling screaming and uttering threats against my person , time to retreat to the south precinct and get help .
    oh joy ! no one home picked up red phone in lobby called central dispatch we will be right out hour and some change later officer arrives ( real nice real polite ) sorry unless she touches you we can't do anything .
    I can't not go back I have elderly family on that street .

  2. #2
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    WOW that is crazy!

    On a side note could you please fix your location? All you ahve to do is choose your country FIRST then it will allow the pop down to properly choose your state. We are trying to get a proper count of our members from Michigan....Thanks

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    Campaign Veteran smellslikemichigan's Avatar
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    i'm not sure why the police can't help in that case. as i understand it, the threat of bodily harm constitutes assualt. maybe if it happens again you can remind the LEO that you have been assaulted. if the person carries out the threat of violence, then that is classified as battery. if the same individual repeats this threatening behavior and the police won't help, you may be able to get a judge to issue a restraining order. it's only a piece of paper, but at least it will start a paper trail that may be able to lead to further protection. hope this helps.
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    smellslikemichigan wrote:
    as i understand it, the threat of bodily harm constitutes assualt. if the person carries out the threat of violence, then that is classified as battery.
    I believe you've got the 2 different terms mixed up. Might be wrong though.

    As for the department not helping, ask to have an officer escort you down the block again. This is generally deemed as a "public service" call, and most of the time the LEO's are willing to do these.

    If they don't help, I'd begin looking for a lawyer and consider suing the department for failing to do their job(namely, protect you, and give you a "sense of security")

    "Serve and Neglect"

    *S*

  5. #5
    Regular Member Bronson's Avatar
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    From Law.com's legal dictionary:

    assault
    1) v. the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some states if the assault is with a deadly weapon (such as sniping with a rifle), the intended victim does not need to know of the peril. Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. "Aggravated assault" is an attack connected with the commission of another crime, such as beating a clerk during a robbery or a particularly vicious attack. 2) n. the act of committing an assault, as in "there was an assault down on Third Avenue." Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress.

    battery
    n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. Negligent or careless unintentional contact is not battery no matter how great the harm. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. It is often coupled with "assault" (which does not require actual touching) in "assault and battery."


    Bronson

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  6. #6
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    Record any further verbal or physical attacks.

  7. #7
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    defcon1 wrote:
    Record any further verbal or physical attacks.
    I agree. Get some rock solid evidence of the violence against you. If the police STILL refuse to get involved seek out a lawyer. MAY result in action being taken against the police as well.

  8. #8
    Regular Member dukenukum's Avatar
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    update she is now on her way to the hospital for the criminally insane it seems controlled substances ( dope ) has had it's way with her this is probably the best out come to the case .

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    dukenukum wrote:
    update she is now on her way to the hospital for the criminally insane it seems controlled substances ( dope ) has had it's way with her this is probably the best out come to the case .
    Now is the time to thank GOD you are OK and to pray for her also all of the USA please take one moment

  10. #10
    Michigan Moderator Big Gay Al's Avatar
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    azebolsky wrote:
    smellslikemichigan wrote:
    as i understand it, the threat of bodily harm constitutes assualt. if the person carries out the threat of violence, then that is classified as battery.
    I believe you've got the 2 different terms mixed up. Might be wrong though.

    As for the department not helping, ask to have an officer escort you down the block again. This is generally deemed as a "public service" call, and most of the time the LEO's are willing to do these.

    If they don't help, I'd begin looking for a lawyer and consider suing the department for failing to do their job(namely, protect you, and give you a "sense of security")

    "Serve and Neglect"

    *S*
    Nope, smells has it right. Assault is the threat of attacking, whether it be by aiming a gun, pulling back your fist, or saying "I'm gonna kick your ass." Battery happens when the attack actually connects to the victim. Technically speaking, spanking your children is assault and battery.

    However, you have it wrong, to a degree. The Police have no obligation to protect individual citizens. The Supreme Court of the US has said so, numerous times.....unfortunately.
    Big Gay Al
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  11. #11
    Regular Member Tucker6900's Avatar
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    Big Gay Al wrote:
    Nope, smells has it right. Assault is the threat of attacking, whether it be by aiming a gun, pulling back your fist, or saying "I'm gonna kick your ass." Battery happens when the attack actually connects to the victim. Technically speaking, spanking your children is assault and battery.
    What if you just spank them without telling them your going to do it first? (J/K)

    Police have no obligation to protect individual citizens.
    So who are they obliged to protect then? I assume you mean on a "personal security" basis. That I can understand.


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  12. #12
    Michigan Moderator Big Gay Al's Avatar
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    Tucker6900 wrote:
    Big Gay Al wrote:
    Nope, smells has it right. Assault is the threat of attacking, whether it be by aiming a gun, pulling back your fist, or saying "I'm gonna kick your ass." Battery happens when the attack actually connects to the victim. Technically speaking, spanking your children is assault and battery.
    What if you just spank them without telling them your going to do it first? (J/K)

    Police have no obligation to protect individual citizens.
    So who are they obliged to protect then? I assume you mean on a "personal security" basis. That I can understand.

    The police serve the public at large. I don't remember the specific cases, but I can look them up if you like. The first instance I heard of this goes back a number of years, a woman called police and said someone was trying to break into her home. The police were sent. IIRC, I think she was on the phone with the dispatcher when the perp got in and proceeded to rape her, all the while officers were sitting in their car, outside her home, waiting on what, I don't know. But they didn't stop the crime.

    She sued, she lost. I forget how far in the legal system it went, but the final outcome, the police do not have an obligation to protect us an individual basis.

    That's the OTHER reason why I carry a gun.
    Big Gay Al
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  13. #13
    Regular Member dougwg's Avatar
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    Big Gay Al wrote:
    Tucker6900 wrote:
    Big Gay Al wrote:
    Nope, smells has it right. Assault is the threat of attacking, whether it be by aiming a gun, pulling back your fist, or saying "I'm gonna kick your ass." Battery happens when the attack actually connects to the victim. Technically speaking, spanking your children is assault and battery.
    What if you just spank them without telling them your going to do it first? (J/K)

    Police have no obligation to protect individual citizens.
    So who are they obliged to protect then? I assume you mean on a "personal security" basis. That I can understand.

    The police serve the public at large. I don't remember the specific cases, but I can look them up if you like. The first instance I heard of this goes back a number of years, a woman called police and said someone was trying to break into her home. The police were sent. IIRC, I think she was on the phone with the dispatcher when the perp got in and proceeded to rape her, all the while officers were sitting in their car, outside her home, waiting on what, I don't know. But they didn't stop the crime.

    She sued, she lost. I forget how far in the legal system it went, but the final outcome, the police do not have an obligation to protect us an individual basis.

    That's the OTHER reason why I carry a gun.
    So you don't get raped?

    My wife always says "You can't rape the willing".

  14. #14
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    (J/K) = five characters and is post-literate

    joke = four characters

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    Michigan Moderator Big Gay Al's Avatar
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    So you don't get raped? My wife always says "You can't rape the willing".
    No, I pack, to defend myself against criminal attacks.






    Big Gay Al
    Coordinator, Michigan Pink Pistols
    Big Gay Al's Big Gay (Gun) Blog
    Fabrique Nationale d'Herstal FNX-45 .45ACP 16 rounds of hurt.

  16. #16
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Big Gay Al wrote:
    So you don't get raped? My wife always says "You can't rape the willing".
    No, I pack, to defend myself against criminal attacks.





    You said you pack.....
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  17. #17
    Michigan Moderator Big Gay Al's Avatar
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    You know, sometimes.....

    Yes, I pack, as in "packing.org," as in packing a roscoe, packing a gat, etc., etc., ad.nauseum.

    Big Gay Al
    Coordinator, Michigan Pink Pistols
    Big Gay Al's Big Gay (Gun) Blog
    Fabrique Nationale d'Herstal FNX-45 .45ACP 16 rounds of hurt.

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