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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 01-22-2011, 04:50 PM   #1
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Assault with weapon at work

so i got hit in the head yesterday with a baseball bat while i was working at my job these guys just walked right up to me and swung at me i fought back but it was a 3 on 1 battle. everything is caught on surveilance video and i told the officer that i want to press charges. i have other evidence as well like threatening text mssgs, non stop phone calls which i keep ignoring cuz she just threatning me, my ex which is the person who set this all up. can i pursue her with a restraining order even though she leaving the country for a few months? if so how will she know about it. also for the guys who did the beating could i sue them for walking in to my workplace and doing this kinda thing or is it just press charges? also antoher question for the cops on the forum, the officer i was talking to said charges dont usually get laid if no one is injured(basically said i dont need an ambulance help so i dont have any injuries) i was injured but felt like i didnt need an ambulance heck i havnt seen a doctor in years im just like that but does that mean that these guys wont get punished at all for what they did?
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Old 01-22-2011, 05:14 PM   #2
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http://www.lawyers.ca/statutes/crimi...da_assault.htm

Quote:
265. (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Quote:
266. Every one who commits an assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.
Quote:
267. Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof, or

(b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
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Old 01-22-2011, 05:24 PM   #3
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You told us that you were assaulted with a weapon by 3 people & you have a video tape of it and you know the person who ordered the assault..., plus from what you have told us here there may likely be threats and criminal harassment charges.....plus your ex arranged the assault so she is an accessory before the fact...and the Police won't follow up on any charges? Smething is missing here. Based only on what you told us I cannot see why charges have not been considered or laid on them or her?

Physical injury is not required for a simple assault conviction...only that you felt threatened. If a weapon was used and it made contact with you then it is assault with a weapon. Then you have evidence of a conspiracy and her being an accessory to it???? It is up to the Police to investigate properly and seizing the tape of the assault would fall into that area of investigation, also to look at any of the stalking evidence you have may seized. If you are not satified with the results you got, contact the Watch Commander. Crown Council make the final decision to proceed on charges after they read the Report to Crown, not the Police. If there is evidence to support the charges then they proceed with the court process. Check this link out for info about the harassment charges...
http://www.cba.org/bc/public_media/criminal/206.aspx
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Old 01-22-2011, 05:40 PM   #4
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thanks alot for the quick replys and links!

zulutango:the officer said its not likely in surrey that crown will proceed with charges because no one was injured, i kept saying im not injured cuz i didnt wanna create a bigger scene with an ambulance and that kinda thing but i was hit and im still in pain i got bumps and bruises which im gonna take pictures of, is there anything a doctor can do to help confirm my injuries.i just find it complete BS that because the court system in my city is too busy that i wont get justice...thats the way the cop worded it by saying that "its not likely in surrey"
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Old 01-22-2011, 06:00 PM   #5
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Depending on how serious you feel the potential for future harm is, you may want to consult with a lawyer about seeking private prosecution. It may prompt Crown to take more notice? Unlike charges initiated and prosecuted by the crown however, you will be responsible for costs.
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Old 01-22-2011, 06:59 PM   #6
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I'd consider bumps and bruises to be "injuries"...
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Old 01-22-2011, 07:20 PM   #7
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you are definitely injured visit your family doctor ASAP and get him to document the injures

post the surveillance vid if you can
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Old 01-22-2011, 08:06 PM   #8
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This is pure speculation on my part, but the crown probably doesn't press charges if you don't need attention from paramedics because those are fairly minor common incidents that would carry the minimum penalties; a fight at a bar perhaps.

A series of threatening messages, followed by the threats being carried about by three men with baseball bats is not a minor incident. That in conjunction with the video evidence and your injuries being documented, I'd bet charges will be pressed and convictions will be all but definite.
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Old 01-22-2011, 09:06 PM   #9
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sorry for going a bit offtopic here...but what kind of work do you do where 3 people can just stroll into your work place with a baseball bat and start attacking you without any of your co workers helping you????
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Old 01-23-2011, 01:06 AM   #10
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Update:

The constable who Is investigating my case will get back to me on Thursday in the mean time I am going to my doctor to get injuries documented I just find what my ex put me through Is unacceptable, she was drunk which Is how this all started . I was talking to a friend who said video survielance Is next to nothing in court because if the face Is not clear I have no evidence-can anyone shed some light on that because that's pretty dissapointing if that's tru
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Old 01-23-2011, 01:12 AM   #11
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sorry for going a bit offtopic here...but what kind of work do you do where 3 people can just stroll into your work place with a baseball bat and start attacking you without any of your co workers helping you????
I work at a banquet hall in surrey. There Is alot of banquet halls here. Also wanted to add that the videographer and photographer witness everything although the whole incident was not captured on there broadcast camera they saw what happened will that help my Case at all?

Thnx for all ur input!
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Old 01-23-2011, 01:30 AM   #12
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I work in Loss Prevention and I have been "assaulted" many times. Elbowed, punched, kicked, pepper sprayed. Almost every time that any of those have occurred during the arrest we have always gone for and received an assault charge and sometimes even Robbery charges. My injuries were not critical, bruises, small cuts and scrapes... I dont think the attending officer is handling this properly, and you should have taken photos of your injuries right away.

Any witnesses will help.
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Old 01-23-2011, 11:51 PM   #13
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if what that cop said if theres no ambulance called yet, i go and beat the shit outta somebody causing brusies and cuts i wouldn't get charged with assault?

bull-fucking-shit.
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Old 01-24-2011, 10:38 AM   #14
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For the record if you're ever in an assult or car accident that's not your fault, and offered an ambulance ride to the hospital TAKE IT. Having immediate documentation of your injuries is important evidence for future charges/law suits.
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Old 01-24-2011, 10:49 AM   #15
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^that is very important
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Old 01-24-2011, 04:21 PM   #16
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first of all, go to the doctors asap, go to a lawyer asap and have him talk to the doctors. this is ridiculous. I don't care if u didn't break anything, btu this is way too serious to be taken lightly.
If you do have proof, submit it to the cop and your lawyer and get a restraining order in place. I dont' care if she is leaving in 2 weeks, get it done.

Lastly, stop posting on here and write down everything.

I don't know the entire story but I've dealt with the law before and you need to document down these things. It's not up to the cop or "his suggestions" if they will press charges, get the paper work done and you have the in the later date if you wanted it dropped.
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Old 01-25-2011, 11:09 AM   #17
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Do you know the 3 people who assaulted you?.. or do you only have grainy video surveillance and suspect it's the ex organizing it?.. if you don't know them I can see charges not going forward as they havn't been identified..

either way there sounds to be a lot more involved in this story, whats your domestic history like with the ex?.. multiple fights or none?

Better yet to go to the direct cause..

What did you actually do to piss someone off enough to organize this and convince 3 other people to commit a offense of assault?...
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Old 01-25-2011, 11:45 AM   #18
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^ Im suspecting it was some surrey jacks that did it, probably the ex's brother and friends...it doesn't take much for them to do shit like this believe me. fuckn jacks
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