Assault & Battery simple assault

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chris1476

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My home was broken into and the person who done it pressed charges on me for simple assault. He was only charged with misdemeanor B&E, assault, trespassing, and injury to personal property. I was with a terminally ill family member(unexpected) in the hospital in another state when the court date came up and called the D.A. It was not a good enough excuse to miss court is what I was told. Now there is a warrant for my arrest and they probably dismissed the case. Can I still sue him for damages to my property? If so, how do I go about to do that? Do I have victims rights?
 
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Sure, you can sue anyone you want. You simply contact your county court that handles small claims cases. I'd let t go, if I were you, focusing my attentions on my own criminal case. Heck, even if you win, you'd have to collect your judgment. You do knw you won't walk out if court with a check, if you prevail? You'll leave with a piece of paper saying Joe owes Bill $200. (Or, whatever judgment you receive.) collecting from bums like that won't be easy. That is, assuming you're not locked away for 60-90 days, yourself.
 
I contacted free legal sevices of North Carolina and was advised(before missing court date) to go to court and tell the truth and would most likely get my charges dismissed. I was the suppose to go and file a formal complaint against the sheriffs department for not handling the case correctlyafter the case was over. It should have been investigated and pictures taken and offered medical help if needed. None of theses actions were taken by the sheriffs department. Free legal services told me that this would set a precedent for anyone who breaks and entering if touched could file charges on the home owner. I was also told that since its an election year the sheriff would more than likely not want this to become public. Does all of this change since I missed the court date? If his case was dismissed, what will likely happen to my simple assault charge?
 
You need to speak about ALL of this with YOUR LAWYER ONLY!

This is a great precedent case, but also illustrates why I advise people to avoid self help.

In yoyr case, I don't know your facts. You shouldn't tell me, either. I'll take a guess and say, if it's like other cases I've seen, you'll walk. But, the failure to appear charge may be your undoing. If you do get convicted, a small fine is the most you'll see. I suggest you instruct your lawyer to demand a jury trial. A jury is always sympathetic to home owners.
 
Ok, I will take your advice. As far as the damages to my home and belongings, in total it comes to $2,600. There was an antique wardrobe from 1930s, an antique door, antique lamp, and a laptop that were all damaged and for the most part cant be replaced. I just answered my own question as I typed it out, I will definately do whatever is legal to get money from this guy. Are there amounts of money that decide which court this will be decided?
 
For 2600 you will go to small claims. The criminal charges may have been dismissed but you may have some success in civil court... but as said above it will likely be difficult to actually collect the money even if you get a judgment in your favor.
There are scenarios in which you could have legitimate assault/battery charges against you.
It seems to me you likely know the person who took the property and that you may have even lived together at some point. Such circumstances can factor in to how reasonable your own actions were.
 
I know of him, but I do not know him or ever had a conversation with him. He drove drunk in my driveway at 1 a.m. and I told him to leave my property several times and he refused. I then went in the house to get my phone and he kicked the door down and got my baseball bat. He was only able to hit me once before the girl I rent a room to was able to sneak up behind him and get the bat and she beat him on the back with it several times. He was able to scramble out the door and leave,again driving drunk. We called 911 and found out later that he had called 911 from his sisters and claimed I provoked him into doing all of it. As far as I know he was not charged with any driving offense, even though the sheriff that talked to him knew he was drunk. 15 years ago I would not be doing this the legal way,but age and trying to do the right thing is suppose to prevail. Ive been on the wrong side of the law before, but Im not this time and trying hard to know that it(law) will help me when Ive done nothing but protect my property and my family. Should I try to tell my story to any newspapers or public voice?
 
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chris1476 said:
I know of him, but I do not know him or ever had a conversation with him. He drove drunk in my driveway at 1 a.m. and I told him to leave my property several times and he refused. I then went in the house to get my phone and he kicked the door down and got my baseball bat. He was only able to hit me once before the girl I rent a room to was able to sneak up behind him and get the bat and she beat him on the back with it several times. He was able to scramble out the door and leave,again driving drunk. We called 911 and found out later that he had called 911 from his sisters and claimed I provoked him into doing all of it. As far as I know he was not charged with any driving offense, even though the sheriff that talked to him knew he was drunk. 15 years ago I would not be doing this the legal way,but age and trying to do the right thing is suppose to prevail. Ive been on the wrong side of the law before, but Im not this time and trying hard to know that it(law) will help me when Ive done nothing but protect my property and my family. Should I try to tell my story to any newspapers or public voice?
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That's a very compelling story. I believe it. I'd believe it, if I were on a jury, or presiding over your trial. The woman is also going to be a great witness. Tell that story to your lawyer. If I were your lawyer, I'd even put you on the stand to tell the story. I'd also call the woman as your witness.

You'll beat this case. You did nothing illegal. You were defending your home, as was she. I'm surprised she wasn't charged. No matter, you'll walk, and when you do, I'd sue that turkey.

Let me know how this turns out. If you need anything more, ask. I'll try to help. The truth isn't easy to see, hear, believe, or understand. Your story screams TRUTH.
 
I will keep this updated as much as possible. The story is the truth and will not change even if i sit in jail for doing what I think was necessary to protect my home and family. The girl I rent a room to was charged with assault with a deadly weapon, and two more charges, I cant remember what they were. She did not have the money for bail so she left with a friend and went out of state. The bondsman told us that more than likely with the charges she had the bond would be high. My bond was a written promise and i did make it tothe first two court dates, just not the one that counted. I would do it again for the reason of being there for a family member that I knew was not going to make it alive by the following week. Is there anything i can do right now as far as going after the sheriffs department for handling the case wrong? The reason I want to tell my story to the newspaper is to possibly get fiancial help for an attorney or put pressure on courts to investigate the case as it should have been to start with.
 
You wont get anywhere going after the sheriff department. You can go in and make a complaint against the deputy who took the report but you aren't alleging anything that will amount to much.
I don't anticipate the local paper having much interest either.

What was your part that got you charged with a simple assault? You left it out above.

What did the police do wrong?
 
He alleged that we both hit him with the baseball bat. NO, we did not take turns handing the bat back and forth hitting him with it. In my opinion he had already told his story and the only way they would charge me with anything is for him to say I hit him. According to the free legal services of North Carolina the sheriffs deputy should have done an investigation, took pictures of the damages and victims, ask us if we needed medical help and auotomatically gave me instructions to get in touch with the D.A. to qaulify or disqaulify us with victims rights. I cant remember, but there were other things the deputy was suppose to do. Mainly, I was suppose to be treated as a victim not like I wanted him to come to my house and act like a fool. Forgot this 411.....last court date when i was there, his attorney told the judge that his client would be at drug rehab for 30 days. I never hit him I only defended myself by holding my arms up to protect my head.
 
Part of the problem is that you were not just a victim, but a suspect due to the report made against you.
Did you have injuries? Did you see a doctor afterward?
There may be some legitimate reasons why photos were not taken. Did you take tour own photos? Does the police report note the damage?
There may be things that could have been done differently, but that doesn't mean anything was done wrong. I suspect a complaint of this sort will fall on deaf ears.
If things happen as you say then there is apparently no evidence against you and the charge will likely be diamissed- though you have he additional issue of failing to appear in court to deal with now.
It sounds like the criminal part of this fell apart and there will be no consequence for anyone. You can pursue small claims on your own, but if the guy doesn't have the means to pay then don't waste more time and money pursuing him.
If you think you have been treated unfairly then go see a local lawyer who can sort things out for you.
 
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