Definition of Harassment:
The intent to harass, annoy, or alarm, strike, shove, or otherwise subject another person to physical contact.
I had no intent to do this. The guy stands a foot taller than me...and is in my face harassing me and threatening the welfare and wellbeing of my family and business. Upon his threats and intent to harass me, I defended myself.
intent n. mental desire and will to act in a particular way, including wishing not to participate. Intent is a crucial element in determining if certain acts were criminal. Occasionally a judge or jury may find that "there was no criminal intent." Example: lack of intent may reduce a charge of manslaughter to a finding of reckless homicide or other lesser crime.
My only intent at 2:20am was to warn individuals that I was required by law to remove all alcohol from the premises. Character witnesses will testify to the fact that I do this each week and never had any issues with any other customer. One witness will testify to the fact that I did not in anyway set out to attack the customer.
Not going to plea guilty.
Just need to vent...
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nightcrawler_steve
You really need to stop making excuses for your actions and do as has been suggested — pay the fine, keep the jerk out of the bar and move on. I think the fine is only $100. Trust me, you will be financially better off (and it will not impact your "vacation time" at all) if you just put it behind you as a lesson learned as has already been suggested.
The magisterial district judge won't give two shits about anything you have to say, other than, "yes, I hit him, your honor," especially when no witnesses are willing to stick up for you. Feel lucky these aren't assault or battery charges.
Accept the fact that you, the sober one in the situation, struck the drunk asshole, not the other way around. As I said in a previous post, you lost your cool, no two ways about it. You say you didn't intend to hit him ... well your brain told your arm to swing your hand toward the guy's head — that's intent in the eyes of the law.
Plead guilty. Pay it. If you plead not guilty, you're only screwing yourself because it will cost more to defend yourself in court and you'll have to pay the fine anyway.
r:>)
The magisterial district judge won't give two shits about anything you have to say, other than, "yes, I hit him, your honor," especially when no witnesses are willing to stick up for you. Feel lucky these aren't assault or battery charges.
Accept the fact that you, the sober one in the situation, struck the drunk asshole, not the other way around. As I said in a previous post, you lost your cool, no two ways about it. You say you didn't intend to hit him ... well your brain told your arm to swing your hand toward the guy's head — that's intent in the eyes of the law.
Plead guilty. Pay it. If you plead not guilty, you're only screwing yourself because it will cost more to defend yourself in court and you'll have to pay the fine anyway.
r:>)
Last edited by BDR on Friday May 30, 2008, edited 2 times in total.
That's what she said.
Be careful Lisa, intent is second to action. Once the action takes place, intent makes little or no difference in a guilty or not guilty verdict because intent cannot be proven.
Intent may change the charges that a person is charged with or reduce a fine or sentence, but it won't change a guilty verdict to a not guilty verdict.
Remember that I'm on your side on this, and I probably would have acted in a similar fashion, but if the fact that you actually hit the guy pops up in court, you'll be found guilty, regardless of your intent.
If you're really going to plead not guilty, you really should talk to a lawyer first, which will cost you more than the harassment fine.
Intent may change the charges that a person is charged with or reduce a fine or sentence, but it won't change a guilty verdict to a not guilty verdict.
Remember that I'm on your side on this, and I probably would have acted in a similar fashion, but if the fact that you actually hit the guy pops up in court, you'll be found guilty, regardless of your intent.
If you're really going to plead not guilty, you really should talk to a lawyer first, which will cost you more than the harassment fine.
... and then the wheel fell off.
The harassment charge is pretty much that "lesser charge" Ron's talking about. You openly admit you hit him, which is battery, pure and simple. Considering the fact that the incident occurred in a bar and no one was maimed or killed, the charges, IMO, are appropriate and not nearly as harsh as they could've (and maybe should've) been.
You have a responsibility as a bar owner to behave at a level above those you babysit. When you cross that line as you did in this instance, you pay for it.
r:>)
You have a responsibility as a bar owner to behave at a level above those you babysit. When you cross that line as you did in this instance, you pay for it.
r:>)
That's what she said.
*sigh* I do appreciate everyone's feedback..I really do. And I don't take any of it as personal attacks. I just have a hard time swallowing all of this. Two years ago before mom's diagnosis, I would have handled things so much better. I just need a break. Maybe a long break. But how do you get a break from life? Especially when you in most part enjoy your life? My husband, my grandson, my children, my parents, and even 98% of my customers who have become friends...I enjoy it.
My head spins around this entire thing...I should have just walked from the room and called the cops...if you do that though, people stop coming to your place. I've had other customers who give me somewhat a hard time over turning over their drinks at 2:30...but no one ever threatened the well-being of my family and got in my face like he did. Plus there is some other history with this customer....
I don't know what I'm going to do...I just need time to think.
My head spins around this entire thing...I should have just walked from the room and called the cops...if you do that though, people stop coming to your place. I've had other customers who give me somewhat a hard time over turning over their drinks at 2:30...but no one ever threatened the well-being of my family and got in my face like he did. Plus there is some other history with this customer....
I don't know what I'm going to do...I just need time to think.
Lemme tell you a little story. About 15 years ago after a divorce, I had weekend visits with my two daughters (I gained sole custody of them a few months after the forthcoming incident). The ex lived at her parents and I showed up one Friday to pick them up for the weekend.
The ex sent my younger daughter out but refused to send my older daughter. I told her to go send my other daughter out, that the court had ruled that I get them on this schedule (I even had a copy of the court order in my car just in case there was any confusion).
She went inside, got her dad instead who proceeded to grab me by the throat and punch me in the head twice. It left a black eye. The whole time, I made sure to keep my hands at my sides (BTW, my younger daughter was in the car and got to see the whole thing ... nice). When he was done, I said, "see you in court," got in my car, left and called the police.
I filed charges on the spot (the police saw the bruise on my eye). When I showed up for the hearing, the father had counterfiled at the last minute, saying I hit him, too. It was my word against his and we both paid identical fines.
Did I do anything wrong? I don't think so. Didn't matter. Pay the fine.
r:>)
The ex sent my younger daughter out but refused to send my older daughter. I told her to go send my other daughter out, that the court had ruled that I get them on this schedule (I even had a copy of the court order in my car just in case there was any confusion).
She went inside, got her dad instead who proceeded to grab me by the throat and punch me in the head twice. It left a black eye. The whole time, I made sure to keep my hands at my sides (BTW, my younger daughter was in the car and got to see the whole thing ... nice). When he was done, I said, "see you in court," got in my car, left and called the police.
I filed charges on the spot (the police saw the bruise on my eye). When I showed up for the hearing, the father had counterfiled at the last minute, saying I hit him, too. It was my word against his and we both paid identical fines.
Did I do anything wrong? I don't think so. Didn't matter. Pay the fine.
r:>)
That's what she said.
As I said before, pretend to call the police right in front of the guy. Works almost every time. No drunk asshole is gonna stick around to see if you really did make the call.Lisa wrote:I should have just walked from the room and called the cops...if you do that though, people stop coming to your place.
r:>)
That's what she said.