Hi guys hope i got the right forum. So here is the problem. SWIM ran out of gas about 2 miles from the gas station. SWIM got his 1 gallon gas can and walked all the way there. Note i didnt have any money. I asked the lady if she would let me borrow one gallon of gas and i would come right back and pay her. she said no even after i told her she could hold my phone, i.d., drivers license, or anything for that matter just as collateral. No surprise she was a good employee and wouldn't do it (but ofcourse she was a real bitch about it). So I got a little ill with her and said see if i spend another penny here u stupid b****. Meanwhile i was asked to leave and i obliged her request immediately. When i got to the door i called her a fat cold hearted slut and proceeded to leave. I walked about 15 feet from the front door of the store and she came out with a broom. I looked at her and said i wish u would hit me u fuckin whore. So she hit me in both arm and i got a good little scratch on the face. I called the sherriffs dept. and they charged me with trespassing and disturbing the peace. she got an assault charge.............. My question is are either of my charges fair. did i break a law? please answer

Stop using SWIM. It offers no protection other than protection from sounding intelligent.

I'd say those charges were pretty understandable, and it was phenomenally dumb of you to mouth off to somebody. Especially somebody who could've shot you and made it look like self defense.

there is only 1 solution...

show her the true meaning of trespassing and disturbing the peace mainly using a shovel and her cat

You did NOT tresspass. The gasstation is a publically accessible "community" service. Eventhough its private property by stating that its open for business its not automatically tresspassing if you go there. Tresspassing would be when the owner of the property does not want you to come on his property. Beforehand this is not obvious nor can it be assumed to be obvious.

You didn't disturb the peace. You merely clarified that you wouldn't spend any money there. The tone of your voice is irrelevant. You are guilty of insulting someone. To her defence she can claim that you expressed a wish for her hitting you with a broom. This and the insulting will soften the charged brought upon her. This has nothing to do with your case though. Despite that you will probaly have to testify/make declaration.

You did NOT tresspass. The gasstation is a publically accessible "community" service. Eventhough its private property by stating that its open for business its not automatically tresspassing if you go there. Tresspassing would be when the owner of the property does not want you to come on his property. Beforehand this is not obvious nor can it be assumed to be obvious.

He was trespassing, the occupant told him to leave.

He was trespassing, the occupant told him to leave.

Ditto^

& why would you expect a petrol station employee to advance you petrol?

Would that work if you were at a supermarket?
"Hey would you let me eat this apple if I promised to come back & pay you later?"

At a betting agency "Hey would you put a win & a place on PharLap on the 5th at Mersy & when it wins I'll pay you back later? Its a Sure Thing!"

Oh. come on... get real!

And turning back to insult her was not leaving, not leaving is Trespassing.
I've had several Trespassing Notices against me, who gives a shit?

He was trespassing, the occupant told him to leave.

Meanwhile i was asked to leave and i obliged her request immediately.

If what he says is true, he wasn't tresspassing. Besides when outside, she attacked him which prohibited him to leave on his own behalve.

b****. Meanwhile i was asked to leave and i obliged her request immediately.
When i got to the door i called her a fat cold hearted slut
and proceeded to leave.
I walked about 15 feet from the front door of the store and she came out with a broom.
I looked at her and said i wish u would hit me u fuckin whore.

Well Ok he did oblige her first request, But..

when he got to the door he called her "a fat cold hearted slut"

He sorta had to stop what he was doing to do that, and he called her that just after saying she was doing her job by not giving him $credit$ of petrol.

She didn't deserve THAT, she dosen't get paid to be sworn at... or give away petrol.

He walked the 15 feet out of the station, a measured amount of distance.

And this "Fat cold hearted slut" was able to pick up a broom, shift from around the counter, thru the shop to the door, travel even more distance and put the broom between her & him.
He then stopped and asked her to"I wish u would hit me u fucking whore"

Obviously he wasn't travelling fast enough, he MUST leave immediately, not fuck around & draw out the process.
I mean, right from the start he knew he wasn't wanted in the petrol station, that was before he went in and made this whole situation happen.

And then he asked her to hit him, who asks someone to hit him?
Fuk, if he asked her to, then thats what he wanted to happen didn't he?

Provocation is what he did. Look it up, I did.
http://en.wikipedia.org/wiki/Provocation
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I was in a petrol station talking to the attendant, a woman came in all desperate like and says
"Look I have two preschool children in my car & I don't have enough money for petrol & I'm about to run out, could you put $10 worth in my car & I promise to pay you back when I can"
Funnyely enough she first thought I was the attendant untill she saw his badge.
He says "No, I can't do that"

Thats when she changed & goes
"You stinking bloody bastard you don't know what its like I hope you are happy you fucking prick" & went out to her car, started it up & laid rubber in the forecourt before leaving.

I should have said "Yeah, I will, for a blowjob"

lol. It's only trespassing if you come BACK. You werent asked to leave before entering. You were on your way out, where she proceeded to threaten you with a broom. You told her to fuck off, then she proceeded to hit you. The cctv at the servo dont have sound, so its gonna look like she walked up to you and just started wacking you.

ALTERNATIVE.

Say she threatened to hit you with a broom from behind the counter. Then, when you stopped and looked back, she came at you with a broom, so you tried to apoligize, but she hit you anyway.
You could say she said "HEY!", which made you stop and turn around, and you saw her comming at you, so you said "dont try and hit me with that thing", which she then proceeded to hit you.


But i'd go back, and rob her. Even if you had to shoot her in the leg to get past, i'd do it. Revenge is a bitch.

And for the record, if i was working at a servo and someone needed fuel desperately, i'd let em do it only if i got their drivers license or something like that.

It's not the fairness of the charges you need to be worried about, it's the fairness of what you actually get busted for when they prosecute you.

I don't think they have anything actionable on you for trespassing, but disturbing the peace is pretty easy in regards to what you said. Still, it's a minor offense, compared to assault.

I wouldn't worry too much about it.

lol. It's only trespassing if you come BACK.

You can also be charged with trespassing by just being on the property and/or refusing/hesitating in leaving.