QUESTION
Would this be a correct assault charge?
Asked on Dec 22nd, 2012 on Personal Injury - New York
More details to this question:
I was at a male friend's party last night at his home. Towards the end of the night, I was trying to comfort an upset friend. The male's girlfriends told came out told me to get out. I apologized and explained to her what was going on. She then told me to get out now. When I told her I didn't have a ride home and I wasn't going to leave because it was 25 degrees out, she told me I'd be sorry and walked inside. She called her parents and brother and they opened the garage and dragged my friend and I out by my hair. The father hit me and the mother hit my friend when we couldn't even defend ourselves. I wasn't sure if it would be correct to call the cops because she told me to leave but I don't want her parents to get away with doing that to us. We are only 20. We didn't hit them at all or anything. I just don't want to bother if nothing will even happen to them. Please help. It happened about 12 hours ago.
9 ANSWERS
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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You should report this to the police.
Answered on Dec 28th, 2012 at 4:16 PM
Go to your local police station and file a report. Make sure to have the names of those involved and address of where this occurred.
Answered on Dec 28th, 2012 at 4:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes. Go to the police and tell them what happened.
Answered on Dec 28th, 2012 at 12:05 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Let it be. Don't drink so much next time and always have a backup ride.
Answered on Dec 27th, 2012 at 11:05 PM
Ronald A. Steinberg
When you are at someone's house, you are there as a guest, and the "invitation" ends just as soon as they tell you to leave. Whether it is 25 above zero or 25 below zero, when you were told to leave, you should have left. Now, the actions by the homeowners was clearly inappropriate. However, if you were to file criminal charges, you would be at a disadvantage as to the ability to prove how the dispute started, etc. You certainly could try to file with the police, but don't be too upset if they don't take the case or don't pursue it.
Answered on Dec 27th, 2012 at 9:52 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You should report to police and prefer charges for assault. Why are you hanging around with such trashy people don't you know that reflects on your judgment.
Answered on Dec 27th, 2012 at 9:51 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It would be appropriate to call the police. However, it is possible that charges will not be brought. Once you were asked to leave and refused to do so, you became a trespasser. It is legal to use reasonable force to eject a trespasser. The question is whether reasonable force was used. For example, hitting you may have been more than was necessary.
Answered on Dec 27th, 2012 at 9:40 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes that would constitute both criminal battery and civil battery. Battery is an unlawful, unconsented to touching by another. As to whether anything would happen criminally, it?s up to the DA. Civilly, your damages are negligible since you have no real physical harm, although you probably have some emotional harm. So technically you could sue, but I doubt any attorney would take it on contingency because your damages are nominal. It might be worth a small claims case.
Answered on Dec 27th, 2012 at 9:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Go ahead and call the police. I doubt they will do anything, but it won't cost you anything to try.
Answered on Dec 27th, 2012 at 9:29 PM