Assault Legal Questions

That’s a very serious situation — what you describe likely qualifies as felony assault with a deadly weapon and possibly discharging a firearm into occupied property under North Carolina law. Shooting toward another person, even if no one is hit, is a criminal offense that can carry prison time. You and your family have several rights and options: Criminal charges: Law enforcement should investigate fully and, if the evidence confirms what you describe (such as the video footage), the shooter can be arrested and prosecuted. Follow up with the investigating officer or detective to make sure the case is being pursued. Protective order: If you fear retaliation, you can seek a 50C civil no-contact order (for harassment or threats) or ask law enforcement about immediate protective measures. Civil lawsuit: You may also have a personal injury claim for assault, emotional distress, and any medical expenses or trauma caused by the incident. Victim’s compensation: North Carolina’s Crime Victims Compensation Program can sometimes help with out-of-pocket costs related to violent crimes. You should contact a local criminal law attorney or personal injury lawyer as soon as possible to review the evidence and help protect your family’s rights. Also, continue documenting everything and cooperate with police to ensure the case moves forward.... Read Answer

The problem you are likely to run into is a claim of "life threatening" anything when the alleged perp lives in another state, outside the jurisidiction of Florida law enforcement, and likely hundreds of miles away. There typically looking for "imminent danger" such as the guy on your doorstep trying to get in and waiving a gun. That he is a general "danger to society" is typically of little concern to law enforcement who will require specific and identifiable conduct that meets a specific criminal standard to get involved. You should contact local legal aid or victims advocacy groups to see if they can help you address your issues. You might also consider contacting law enforcement where the perp lives to see if they will get involved. ... Read Answer

She cannot appeal just because she regrets her choice. She freely and voluntarily accepted the plea. She could have set her case for trial, but chose to accept the plea agreement. You waive most appeals when you accept a plea agreement. Unless she was threatened with physical harm, or there is proof (in writing or recorded) that she was deceived in order to make her plead guilty, there is no possibility to appeal a plea bargain.... Read Answer

With respect to your treatment by police, you need an attorney who specilizes in civil rights lawsuits.  I highly recommend S. Lee Merritt.  Mr. Merritt is not only a top-notch attorney, but also a "true believer" and advocate for civil rights.  You may also need a criminal defense attorney with respect to the public intoxication charge.  The failure to read you your Miranda rights means that anything you may have said during a custodial interrogation cannot be used against you in your criminal case.  ... Read Answer

It does not sound like you sustained any compensable damages during the incident.  If you sustained a bodily injury, you could sue for your medical expenses, lost time from work, and physical pain and suffering.There is a law called the "shopkeeper's privilege" that authorizes a merchant to detain a person suspected of shoplifting to investigate ownership of the property in a reasonable manner for a reasonable time.  ... Read Answer

Did she have a right to be there? If not, then its a burglary. If she had a right to be there (like if she was an invited guest or lived there), its a criminal mischief. The level of the criminal mischief will depend on the dollar amount of the damages caused. Is the garage attached to your house or in a separate structure? If its part of your house, its burglary of a habitation. If its in a separate building, its burglary of a building.... Read Answer

Are you a juvenile?  If you are charged as a juvenile it will be a different process. You may still be eligible for probation either way, but the new case - possession of a controlled substance in a drug free zone - is a felony, and more serious. For the best outcome, it would be a good idea to hire an attorney.... Read Answer

Ordinarily, you cannot sucessfully sue for money merely for being placed in fear of your life as you have suffered no actual compensable damages.  This type of event is something that you should report to law enforcement for criminal prosecution.  Given the lack of any damages, it is highly unlikely that any attorney would waste the time pursuing such a claim on a contingency fee, and most would not take advantage of you by accepting your money on an hourly fee basis pursuing such a claim.  ... Read Answer

Sorry to hear what happened to you.  You can find many excellent attorneys using the Find a Lawyer tab on the Lawyers.com homepage. Keep in mind that the statute of limitations for intentional torts such as assault / battery is one (1) year from the date of the incident.  Also, unless your assailant has significant assets (real property, $, etc.), you might have a hard time finding an attorney interested in the case - no one wants to pursue a case against a defendant with no $. Best regards, Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

If you want to help him, help him find an attorney to defend him against the charges. Nobody on a free legal forum will be able to tell you something specific you can do to help him any other way. The right attorney can help him beat the case. Nothing you can do by yourself is likely to make that happen.  Good luck. ... Read Answer