QUESTION
Neighbor banged on my door with baseball bat,then called police and said I shot her. I didn't Can these be false report
Asked on Jun 13th, 2020 on Civil Litigation - New York
More details to this question:
A drunk neighbor banged on my door with a baseball bat, then proceeded to bang on my sons door nextdoor. I opened my door with an unloaded 22 gun to hit her if she attacked my son. She called the cops and said I shot her. Many cops came thinking there was a shooting. EMT checked her out and there was no shot wounds. Cops agreed and gave me back my gun. Can I purse more serious charges for the false report.
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
You can see if the DA's office is willing to press charges. Whether it chooses to do so is up to the DA, not you. Here's an article I found online which discusses the legal consequences of filing a false police report (usually a misdemeanor). https://criminal.findlaw.com/criminal-charges/filing-a-false-police-report.html As for bringing a lawsuit against your drunk neighbor, that might be more of an uphill battle, especially if you were not arrested or imprisoned. In other words, apart from the inconvenience of having you gun temporarily taken away, what are your damages? In any type of defamation / slander case, you need to have suffered damages in order for there to be a viable lawsuit. Here's another article I found online that discusses these types of lawsuits. https://injury.findlaw.com/torts-and-personal-injuries/defamation-libel-slander.html
Hope this helps.
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
www.kdrpilawyers.com
Answered on Jun 15th, 2020 at 8:09 AM