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Assault case, want to know if I have grounds to press charges?

Discussion in 'Accidents, Injuries, Negligence' started by Nicholas Melark, Nov 18, 2019.

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  1. Nicholas Melark

    Nicholas Melark Law Topic Starter New Member

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    Jurisdiction:
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    On Saturday October 5th, my brother's girlfriend took a large group of us out to celebrate my brother's birthday, this included my and my brother's roommate. Upon leaving a bar, our roommate was very intoxicated, and got aggressive with me claiming I took/lost his glasses. He then got physical and started pushing me, so I pushed back, and it quickly turned into a fight, however after I quickly ended up on the ground, he kept punching me repeatedly in the face. It had to take my brother grabbing him off of me to get him to stop. My face was in a bloody mess, and one of our friends took me back to my apartment to ice my face. Minutes later, our roommate returns to the apartment as well and begins yelling at me and taunting me as I'm on the couch getting my face iced and bandaged. Eventually he gets physical again, and it turns into another punching match. He ends up pushing me into a glass table in the apartment, which was broken, and has me on the ground once again, still punching me. It took our friend to grab him off of me and have him in a hold to get him to finally stop. My brother arrived back and pushed that I call the cops, so I did, but outrageously, not only was our roommate arrested, but myself and my brother as well; the cops claimed this was due to us being roommates and this being a domestic dispute. I ended up having the worst black eye I or any of my friends had ever seen, and to this day a red mark/scar under my eye. Not to mention the burden of paying for legal fees, when he was the clear aggressor. Even more, our roommate's only injury was a broken hand (obviously from repeatedly punching me), which I have photo evidence for as well. I would like to press charges against him for my injuries, I don't think it's right I have to having a lasting mark on my face because of his aggression. I have plenty of photo evidence of my face and documents for hospital visits. Even though this was technically a "fight" since I hit back, would I have a case if I were to take this to court, considering he was the clear aggressor, and did way more damage to me than was necessary?
     
  2. army judge

    army judge Super Moderator

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    If a person is attacked, responding with DEFENSIVE counterounches, that's NOT a fight.
    That, my friend, would be self-defense.

    The issue I notice is that had you reported the attack outside the bar, there would have never been any ensuing attacks in other places.

    The police would have responded, investigated, and quickly determined that YOU were attacked.

    I suppose you could sue the attacked/instigator in small claims, but if he has no assets, that would be a futile exercise.

    You might discuss this with a couple local attorneys, as most proved potential clients with FREE consultations.

    I hope you're on the mend, and always remember this, ALWAYS report any criminal activity IMMEDIATELY at the scene.

    Don't wait to do it later, allowing the aggressor to savage you repeatedly.
     
    Red Kayak likes this.
  3. mightymoose

    mightymoose Moderator

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    That is surprising. I guess it might work different in NY. Usually there has to be a dating/intimate relationship to split domestic violence statutes.

    File a civil suit/small claims if your damages were not addressed in criminal court.

    Ultimately that is for a court or jury to decide.
     
  4. Highwayman

    Highwayman Well-Known Member

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    You don't get to "press charges". All you can do is file a police report, which should have been done right then and there.

    Roommates are not included in the NYS definition of a family, so this was not a domestic dispute.
     
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  5. Nicholas Melark

    Nicholas Melark Law Topic Starter New Member

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    Our lawyer told us the cops should not have arrested us, they were just being lazy and didn't want to make the decision for themselves so they arrested us and shifted responsibility to the court. I was stating in my original post what the cops had told us.
    Also, why is all I can do file a police report? I have a lasting scar on my face, my eye was severely bruised, I had a subconjunctival hemorrhage, I had to get stitches on the wound under my eye and on my lip (which had split). Our calling the police to our apartment was supposed to be our "police report," however it didn't go as planned. Why wouldn't I be able to pursue this and try to get some compensation though?
     
  6. army judge

    army judge Super Moderator

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    You can file a civil lawsuit.

    However, if the thug who thumped you is also a broke, beggar thug; what good would a $10,000,000 judgment do you?

    None, because no one has learned how to extract blood from a beet, or money from a deadbeat!



    I revealed to you that you are free to bring a civil lawsuit.
    You can do it in small claims yourself.

    NY Small Claims Court is an informal court where individuals can sue without a lawyer, for money only, up to $3,000 in Town or Village Courts.

    You can sue for up to $5,000 in city courts.

    You cannot separate your claim into two or more claims to avoid going over the legal maximum.

    If you wanted to sue for $9,000, for instance, you couldn't bring two lawsuits for $4,500 each.

    You can hire a lawyer and sue in NY Supreme Court in your county for $100,000,000; if your lawyer is amenable to doing so.
     
    Nicholas Melark likes this.
  7. zddoodah

    zddoodah Well-Known Member

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    Whether or not criminal charges are pursued is entirely up to the district attorney.

    You are free to file a civil lawsuit. You are also free to seek a restraining order.
     
  8. Nicholas Melark

    Nicholas Melark Law Topic Starter New Member

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    I know this is a question most of you will not want to answer because it would entirely up to the court/jury, but given the information I have provided here, would I be likely to get some reimbursement for my injuries? My roommate has a lot of money, so it's not as though I'd be "extracting money from a deadbeat"

    Thanks
     
  9. zddoodah

    zddoodah Well-Known Member

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    Your post certainly indicates you suffered damages. Therefore, if you sue and win, you'd likely be awarded compensatory damages for any medical bills, for "pain and suffering" and punitive damages.
     
  10. mightymoose

    mightymoose Moderator

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    It isn't impossible. If you can prove you had injuries/damages caused by the other person you might get a judgment in your favor.
    However, the other person might countersue for their own injuries too. You will have to decide if the amount you hope to recover is worth the time and effort to pursue it.
     
  11. army judge

    army judge Super Moderator

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    Most states have a state run "crime victims fund".

    NY state has such a fund.

    This is their website.

    Check it out, if you qualify, the state helps make you financially whole and gets you healed.

    Victim Compensation | Office of Victim Services
     
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  12. Disabled Vet

    Disabled Vet Active Member

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    Question.... So what happened to your arrest? Where you found guilty? Did they drop the charges?
     
  13. Red Kayak

    Red Kayak Active Member

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    OP stated that the other party's sole injury was a boxer's fracture. A boxer's fracture is, by definition, self inflicted - it's not like OP intentionally used his face to beat his roommate's hand. Additionally, with proper care, long term complications are rare and usually minor.

    OP can reasonably attempt to recoup out of pocket medical costs.

    It further treatment, such as plastic surgery, may be necessary, OP can attempt to sue for that.

    If OP is established in an occupation that requires "good looks", such as modelling, the effect on OP's future income possibly could be taken into account.
     
    justblue likes this.

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