I was assualted today by a motorist

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See my sig line.... Nail the :cuss:. you did the right thing though, in my youthful stupidity, i would've purposely went outa my way to kick his as s
 
Keep in mind, that pressing charges amounts to citizen's arrest, and you do open yourself up to a civil lawsuit. Granted, a witness helps a lot, but any other evidence you may have is a good idea. (Your witness can be painted as biased). Just be careful, get a good lawyer, and good luck. This kind of behaviour cannot be tolerated.

-Steve Rogers
-Plus P Technology

www.PlusP.com
 
I hope you get the law after this guy, that kind of behaviour is simply inexcusable. I also hope that they lock him up and that you get a chance to pay him back with charges and a couple of hours with a fat jailhouse queen by the name of "Frenchy".

Good luck in your quest, you were really lucky that he didn't do something worse than just punch you. We have a lot of road-ragers down here in Alabama, my worst fear being that one of them will decide to attack me over nothing. Scary world :(
 
Press charges.. he will hurt others.

Write everything down while it is fresh in your mind.

If you are worried about personal retribution... come up with a plan.

Increase home security.

Take defensive classes.

Get into shape.

All of these things are prudent anyway.
 
Definitely pursue criminal charges against this guy and have your injuries documented. Whether you like it or not you are a victim of a crime and the perpetrator should be brought to justice. It isn't a personal vendetta or revenge on your part, just the proper steps that should be taken in our 'civil society'. As for bringing civil charges, that may be just tryng to have your cake and eating it too....and you might just choke on it.
 
Keep in mind, that pressing charges amounts to citizen's arrest, and you do open yourself up to a civil lawsuit.
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Nope. Not even close. Nothing alike. Only your local city/county/district attorney can file criminal charges. All you are doing is signing a complaint or making a statement.

And that's why you get legal advice from lawyers, not from web forums!

(I am not a lawyer, but I am right!)

Matt
 
When asking your self how to resolve an issue like this, remember:

The only thing necessary for evil to flourish is for good men to do nothing.

You can let your lip heal and forget about it, and in a few months he will assault someone else, maybe with more tragic results.

Ask yourself...How would I feel if the fat lip were on my wife, son, or daughter?
 
Agent7

Good thinking that you got his license number and good that you have decided to press charges.

In the small world category:
I was in a road rage incident last spring in South Dakota. It happened on the interstate when my wife and I were enroute to Sturgis prior to traveling to see my brother-in-law. I was carrying, kept cool, and called 911 (didn't have to draw weapon).

One of the two LEO's that responded not only had an off-duty job as a guard at Cor-bon where I was headed but was also a friend of my brother-in-law 300 miles away.:):)

Larry
 
Mpayne - I went through this 2 days ago, and the state partol and county atty. told me that it was he said / he said, and If I went ahead with a summons & complaint, that I would open myself to civil liabilty. So listen to who you will, but always check with a good attorney before doing anything like this.
 
XenaduKhan

Quite correct. The assault is saying you are going to hit me; and the battery is when you perform the act.
 
Seems to me that with two witnesses to the assault, and only one actor, it's no longer a "he said he said situation."

Jerk him into the system, and file a lawsuit against him for your medical bills...

You should have the jaw looked at by a competent doctor. Being hit in the jaw is not a laughing matter.
 
Work?

Agent,

You said you worked in a high-tech secure facility.

Do they have metal detectors and 30.06 signs posted?
 
Well, the charges are probably the way to go. This guy needs some anger management work done on him.

Back to some of your opening statements. Even if you had a gun and he had tried a more agressive attack with a weapon, you likely wouldnt have had the time to draw given the distance involved. Remember, that a fist fight doesnt give you the right to respond with deadly force, and once you are in close contact in a struggle.. if he goes for a knife, or gun or something then your really behind the curve. Your gonna have to deny him the use of that weapon first. You may also get into a weapons retention situation.

Get some training. Remember there are lots of weapons at your disposal that are less than lethal. Some hand to hand moves, pepper spray, kubatons like the one I carry are good to have in your hand with your keys

kubaton.jpg
kubaton1.jpg


Notice the pointed end. Its not sharp, but it does some real damage to the throat, ribs, etc when you hit with it and those blows take minimal force. Also the finger grooves allow you to apply the force with less chance of your grip slipping. Though its made of aluminum, it does help solidify your fist too for punching. I carry it in my hand as illustrated alot when going to or from my truck. Its at the ready and doesnt make anyone nervous. A cain or surefire light are also good to help gain some distance and time. Anyway, my point is that there are many weapons that are less than lethal that you can incorporate into your daily life. Things that bridge the gap in just the situation you were in where deadly force is not yet an option.
 
Do I take my time and go file a warrant, get jerked around by the legal system, then go to court and testify, only to have this guy on a revenge mission against me?
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Do we take the time to hunt down and capture/kill the people responsible for 9-11, or do we leave them be, hoping not to stir up a hornet's nest?
 
Mpayne - I went through this 2 days ago, and the state partol and county atty. told me that it was he said / he said, and If I went ahead with a summons & complaint, that I would open myself to civil liabilty. So listen to who you will, but always check with a good attorney before doing anything like this.
Click to expand...

What "civil liability" would you open yourself up to? Unless you falsely accuse someone I can't see what civil liability you would face :confused:

Maybe one of the legal beagles out there can explain that.
 
I'm wondering what will happen to this guy if I sign a warrant out on him and he is found guilty? Let's assume the best case for him, in that he has a clean record, what is the normal sentence for someone with a clean record? Then I wonder, what his sentence would be if he has a history of previous violence?

Also, he works at Austin International Airport (his car had a ABIA Tagtag handing on the rear-view). Will they fire him if he recieves an assualt conviction? Should I call the Airport Security and notify them of the case number before a warrant is signed?

How long does it normally take for a dectective to call me to discuss signing out a warrant?

Thanks for all the advice guys!
 
Regarding the question about metal detectors and a 30.06 sign...



There is a sign posted that weapons are not allowed anywhere on the premises. They do not have metal detectors but they do have random searches as you enter or leave the building. Technically, company policy states I am not even allowed to have a gun in my car (even though I have a CHL), if my car is on company property. I have a really good job that pays very well. The last thing I would do is jepordize my job by violating company weapon policys.
 
Most simple assault cases unfortunately are plea-bargained down to a lesser charge with maybe a fine or community service.

Even with a long rap sheet, DA's don't want to waste their time with these types of complaints.

You should go ahead with the complaint, but be prepared to be disappointed with the results. Just the fact of life.

If you want to get some satisfaction, let the case proceed then pursue in a civil court for personal injury damages.

It will however cost you for an attorney. And even if you get a judgment, in no way will it guarantee you payment from the defendant.

Check on the guys’ financial status to see if he has any money and also check on community property laws in your state. If you do get a judgment worth going after and he is married and most everything is in both names you have little chance of collecting.


A little research can save you lots of wasted time and money.

IF he does get some type of conviction but has no assets for a monetary compensation and has a sensitive job, a notification to his employer may get him fired.

All this may get him angry, but stand up to the a** and let him know you aren't afraid of his punk butt.

The last resort involves a personal visit from Moose and Rocco.

While not exactly legal, you didn't start this to begin with.
 
I found out who the guy is:

He is 46 years old, owns 2 cars (an 86 Olds and a 92 T-Bird). He has lived in a apartment 1/4 mile off of Interstate 35 for a few years (assuming he stills lives at the place his cars are registered to, and the address on his drivers license). The area he lives is pretty scumy. I'd bet his total net worth is less than $8K.

I could care less about trying to get $8K from this guy. But what I will do is do everything I can legally and make him pay a few thousand in attorney fees to defend himself.
 
Unless you pursue your complaint in a civil court, judging by what you dug up he will be defended by your tax dollars in a crimminal court by a public defender and the only money he will have to pay will be a small fine and court costs.
 
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