Possible Criminal charge

[NYNJKING]

Hello, I got into an altercation with an individual in the gym. The person wanted to jump into a set when me and my brother were working on an incline. I declined and he wanted to fight, the situation was avoided. We went again today and the person was waiting in the bathroom for me and my brother. He pushed my brother and that instigated me to push back. Then he grabbed and punched me. My brother is a witness. I want to go back to this gym to keep working out. Is it possible to press charges for assault since I didn't hit back? I have lip damage while he doesn't have any because I didn't hit back. This never happened to me before.

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[Med Ed]

1. Photograph your lip and hands (front and back, to show lack of bruising).
2. Find the number of a criminal defense attorney and keep it on your person.
3. Do not go back to that gym. Sorry, but it's just not worth it at this point.
4. If the cops do come calling (very unlikely, but it never hurts to be prepared), inform them that you will not speak to them without consulting an attorney (see #2).

 

[SpoiledMilk]

I think OP is asking whether they can/should file a criminal complaint against the other gym member for assault. Yes you can. Go to your nearest police station with your brother and file the complaint. Once you have it done get a copy and go to the gym and speak to the manager about having the one who assaulted you have their membership revoked. To be prudent, you might also want to contact a criminal defense attorney beforehand to be prepared in case the other person files a counter complaint against you and your brother.

OR

Let it go and find another gym to work out in.

 

[Med Ed]

I think OP is asking whether they can/should file a criminal complaint against the other gym member for assault.

Then my reply was Pavlovian.

 

[SpoiledMilk]

I've been working out at the gym for ages. I have always witnessed people asking to work in and the others obliging. There's a comraderie amongst gym rats. I've asked and have been asked to work in. Never any issues.

I'm a bit skeptical that someone would be so angry about not being allowed to work in that they would instigate a fight in the bathroom. OP is not revealing the whole story.

My advice is to move on and find another gym to work out in. You have to reveal the whole story to authorities if you file a complaint, and if it doesn't make sense to them, you might find yourself being charged for filing a false report. Then you can forget about medschool for a long time.

 

[Med Ed]

Perhaps a better place to pose this question: r/legaladvice

 

[NYNJKING]

I've been working out at the gym for ages. I have always witnessed people asking to work in and the others obliging. There's a comraderie amongst gym rats. I've asked and have been asked to work in. Never any issues.

I'm a bit skeptical that someone would be so angry about not being allowed to work in that they would instigate a fight in the bathroom. OP is not revealing the whole story.

My advice is to move on and find another gym to work out in. You have to reveal the whole story to authorities if you file a complaint, and if it doesn't make sense to them, you might find yourself being charged for filing a false report. Then you can forget about medschool for a long time.

Story is my brother and I were working incline 40 mins before closing this guy and his friend come up to me to ask for to work in that’s gonna be 4 ppl working in at one bench. I told him to wait for the guy next to us since he’s almost done working up to his top set. He gets pissed and calls me a newbie. Then threatens to beat me up and asks to take it outside. I tell him to eff off. Go there again last night and was doing calf raises then he started to stare at me and said if I had a problem. I told him no do u? And he says stop looking at me. Then I say u can stop looking at me to and to eff off. He then proceeds to say more stuff calling me a coward and etc and I tell him to eff off again and that I’m standing right here working out. He then goes to the bathroom and gets into the sauna. We have to go there to get our jackets. He starts talking again and my brother tries to deescalate the situation. He rips my shirt I do nothing. Then he pushed my brother and I push back. He ended up grabbing my hair which is long and punching me which cut my lip. I got up but didn’t hit back and just washed it. All this because I didn’t let him work in on incline because I’m a “newbie” and have apparently have no respect for the previous lifters there. The only thing I can see where I’m wrong is calling him a junky fob after he said he wanted to beat me up.

 

[Goro]

Story is my brother and I were working incline 40 mins before closing this guy and his friend come up to me to ask for to work in that’s gonna be 4 ppl working in at one bench. I told him to wait for the guy next to us since he’s almost done working up to his top set. He gets pissed and calls me a newbie. Then threatens to beat me up and asks to take it outside. I tell him to eff off. Go there again last night and was doing calf raises then he started to stare at me and said if I had a problem. I told him no do u? And he says stop looking at me. Then I say u can stop looking at me to and to eff off. He then proceeds to say more stuff calling me a coward and etc and I tell him to eff off again and that I’m standing right here working out. He then goes to the bathroom and gets into the sauna. We have to go there to get our jackets. He starts talking again and my brother tries to deescalate the situation. He rips my shirt I do nothing. Then he pushed my brother and I push back. He ended up grabbing my hair which is long and punching me which cut my lip. I got up but didn’t hit back and just washed it. All this because I didn’t let him work in on incline because I’m a “newbie” and have apparently have no respect for the previous lifters there. The only thing I can see where I’m wrong is calling him a junky fob after he said he wanted to beat me up.

SDN is not for legal advice. Talk to to police.

 

[SpoiledMilk]

Then guy is a total a**, and you have every right to file a report with police and have the gym revoke his membership. If the guy is arrested, charged, does not plead out, and it goes to court, you will likely be asked to testify. Be prepare to spend time dealing with this matter while keeping up with your studies, your ECs, and applying to medschool, etc.

I think your time will be better spent letting this go, finding another gym, and moving on. IMO.

 

[Moko]

Then guy is a total a**, and you have every right to file a report with police and have the gym revoke his membership. If the guy is arrested, charged, does not plead out, and it goes to court, you will likely be asked to testify. Be prepare to spend time dealing with this matter while keeping up with your studies, your ECs, and applying to medschool, etc.

I think your time will be better spent letting this go, finding another gym, and moving on. IMO.

I agree that the OP is better off moving on. If the past few years have been any indication, there's a lot of people in our society with more than a few screws loose. Just because we can do something doesn't mean we should. Just my thoughts.

 

[stinkycheeseperson]

is fob in this context the slur it sounds like?

you need to learn to chill because otherwise you're gonna be writing a lotta checks you can't cash

 

[SpoiledMilk]

I totally missed that.

OP you'll have uncooperative patients, colleagues you don't get along with of different ethnicities. Slurring them every time they raise their voice at you and getting angry will shorten a career. The guy who assaulted you was wrong, but take this episode as a lesson to be and become a better person and move on.

 

[NYNJKING]

I totally missed that.

OP you'll have uncooperative patients, colleagues you don't get along with of different ethnicities. Slurring them every time they raise their voice at you and getting angry will shorten a career. The guy who assaulted you was wrong, but take this episode as a lesson to be and become a better person and move on.

I said that in context to his response when he called me a racial derogatory words as well. Such as the N word several times. It was in the heat of the situation when I told him to go away because when started to call me those things.

 

[allseasons]

Why is this question on SDN lol. r/legaladvice is definitely a better place for it.

 

[SpoiledMilk]

I get it.

The guy's an **s. Be the bigger person. Let it go and put your time and energy into getting into medschool.

 

[stinkycheeseperson]

legaladvice is a buncha cops

you ain't gonna get to make excuses if a patient calls you bad words my dude

 

[voxveritatisetlucis]

At least post this on avvo or another legal forum.

If you mean that you might face an arrest or conviction after this altercation, get a lawyer right now because I know from experience that schools will rescind As for convictions

 

[gyngyn]

Closing.