QUESTION
What are my rights if I am the victim of aggravated assault by military personnel?
Asked on Jul 27th, 2012 on Personal Injury - New Jersey
20 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Once they are convicted of the crime, your civil case becomes a slam dunk. I have handled dozens of these over my career.
Answered on Aug 14th, 2012 at 2:57 PM
You would file with the local police. Also with the local military police and commanding officer. There's always the FBI also. Was this on a military base? On public property?
Answered on Aug 14th, 2012 at 2:57 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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If it happened on the base, call the MP's. If off the base, call the cops. Also, see a PI attorney for your battery and look into the Crime Victims Board. Good luck.
Answered on Aug 14th, 2012 at 2:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I would start by calling the local police and the military personnels' commanding officer.
Answered on Aug 14th, 2012 at 2:56 PM
Ronald A. Steinberg
If this occurred while in the military, there should be a procedure to follow. If it did not occur in the military, but the assailant was in the military, then it is just a regular police procedure. You make a police report and then speak with a prosecuting attorney for the City or the County.
Answered on Aug 14th, 2012 at 2:56 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You can sue who assaulted you for damages. Get a lawyer ASAP.
Answered on Aug 14th, 2012 at 2:56 PM
Report it to your local law enforcement agency and prosecutor.
Answered on Aug 14th, 2012 at 2:55 PM
Contact and consult with the legal department of the military branch in which the assault occurred.
Answered on Aug 14th, 2012 at 2:55 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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You would have to bring an action in the united states federal district court.
Answered on Aug 14th, 2012 at 2:55 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You should call the police and report the incident immediately.
Answered on Aug 14th, 2012 at 2:54 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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If you are in the military, it will be difficult to proceed. If you do, you need to consult a specialist in military law.
Answered on Aug 14th, 2012 at 2:25 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Have you reported the assault to the police? You can also sue the perpetrator for assault and battery.
Answered on Aug 14th, 2012 at 2:05 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
Your rights are the same as if you were assaulted by any other person. The question is, was the military person acting under "color of law" when he/she assaulted you? This would make a big difference in how to approach the case from a civil and potentially criminal manner. You should contact a lawyer to help you navigate these issues.
Answered on Aug 14th, 2012 at 1:07 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You can sue him for compensatory and punitive damages. Collecting may be a problem.
Answered on Aug 14th, 2012 at 1:02 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Assuming you are not in the military, were assaulted on non-military property, and the military personnel were not "on duty," then police should have been contacted after your assault. The people who assaulted you would be prosecuted by the city or county attorney. You also have the right to sue them for any injuries or damages you sustained. If any of my assumptions are wrong, such as you were assaulted on military property, then the case would likely fall within military law. I cannot comment on the military justice system as it is beyond the scope of my knowledge. Depending on the circumstances of your assault, you may want to contact an attorney who could better answer questions about your rights.
Answered on Aug 14th, 2012 at 12:58 PM
Personal Injury Attorney serving Redmond, WA
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Tuttle & Associates
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Proceed with the criminal prosecution first and then you can use the criminal conviction to stop the defendant from arguing that the assault didn't occur. Assaults are not covered by insurance so you will have to collect the damages from the person. if he or she doesn't have assets, that will be a futile process.
Answered on Aug 14th, 2012 at 12:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depending on the place of the event, you should either make your complaint to the base commander if it was on base, of the prosecutor of the county where the incident occurred.
Answered on Aug 14th, 2012 at 12:49 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Report it to civilian police. Take pictures of your injuries. Seek medical attention immediately.
Answered on Aug 14th, 2012 at 12:48 PM
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
Friend: I need more facts. However, your rights are generally the same if you are the victim of an aggravated assault by military personnel or civilians. That is, you must call the police and report any physical assaults against you. In addition, you may be able to sue for damages suffered due to any assault.
Answered on Aug 13th, 2012 at 10:32 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Military tribunal of justice.
Answered on Aug 10th, 2012 at 1:36 PM