Harassment, Stalking, Misconduct Thought it was Agg. Assault but it was harrasment

Status
Not open for further replies.

HuyHuy

New Member
Hi,

On July 6th, 2008 I was attacked by an acquaintance. We were at a mutual friends birthday party. The party ended at 8pm and on my way to the car. I was attacked by him with a chair and his fists. He broken my nose, blacked my eyes and took some skin off my back. I'm 25 yrs old, he is 26yrs old.

Location is Delaware County, PA.

The chair that he hit me with was the folding kind 10" round wooden seat with metal frame. The guy swung it from behind me and it hit me in the back. It stunned me and took some of my skin off. I quickly grabbed the chair. And he immediately started throwing punches. One punch hit me in the face. It caused my nose to move in position and blacked both my eyes. It's wierd because xray's show its negative to a fracture. I'm going to surgery tommorow in order to get it repositioned back to normal. My nose specialists had confirmed that it was deformed.

I did not fight back. I did not say anything to start the fight. In fact I didn't even say anything after I got hit by the chair and got nose broken. I had zero communications to him.

I was immediately told to leave. After it was broken up. I left the house to drop two friends to their car. It was parked in south philly. I was scared that he would do something more after the incident. Even his brother made verbal threats at me taunting me. I had to take some legal actions to have evidence that this had happened.

So I started my way back to the house. I called the police on the way. The police station was only 1000ft away from the house. The police arrived before I came back.

When the police arrived, none of the witnesses wanted to say anything. They said the person who did it went home. So the ambulance called me on my cell phone. I had to confirm with them that I was hit. So the police said that nobody could leave until I got there. I could hear what he said over his cell phone.

The person who hit me had told false reports to the police. He said that I said things to start the situation. So in turn the police said he can't arrest anyone and I would have to file private investigation. After all that is done, I filed the private investigation. Bring it to the DA and he approved for the charge of harrassment. He said it was a case of my word vs. his word. Also there was drinking.

I don't understand this. He admitted he hit me. But lied about me starting it. I have witenesses that can testify that I did not provoke anything nor elevate the situation by fighting back.

He had all his friends there watching it. About 10 of his friends. I dont' understand how someone could be soo aggrogrant and have no regard to law or morals. I feel humilated and ashamed for this. I also feel unjust because I get hit from behind and in the face and have to pay for my own medical. I have to have surgery...

I have pains now and had to miss work for several days. I thank god that I have medical insurance right now. I've been stressing every since the incident happened.

Could this turn to something else when it gets summoned?
I was wondering if it could become aggrevated assault?
or Assault with intent to resist arrest? because he had reported false claims to law enforcement.

Also, I work with ajudicated children that have emotional and behaviorial disorders. I believe this guy has a disorder too.

What I thought was aggreavated assault is only considered harrassment.

I'm afraid that with only a small fine that he will not learn from it. It's just a slap on the wrist.

Thanks for the time,
Huy
 
I'm not sure how the laws are there but here in Oregon that would be assault and battery -regardless if you said anything to start the fight and if you dint fight back then equal combat doesn't apply either. You should speak to the DA and tell him that you would like to press a assault and battery charge with harassment. File a restring order and make sure you sue for current and future medical bills resulting from event.
 
Status
Not open for further replies.
Back
Top