Assault? Aggravated Assault?

[khall86]

What is the name of your state (only U.S. law)? California

I was assaulted last night. The guy busted my passenger window on my car, kicked dents all over the driver side doors. after he broke my window out he proceeded to hit and threaten to kill me. i called 911 drove away cops showed up and he had ran from the scene. they took my account asked if i wanted to press charges i said yes then they gave me a business card and left. Im wondering what he would be guilty of as far as attacking me. Im also wondering if a court would find him responsible for my window and door being fixed and possibly some pain and suffering. Any help or advice is greatly appreciated.

 

[CdwJava]

What is the name of your state (only U.S. law)? California

I was assaulted last night. The guy busted my passenger window on my car, kicked dents all over the driver side doors. after he broke my window out he proceeded to hit and threaten to kill me. i called 911 drove away cops showed up and he had ran from the scene. they took my account asked if i wanted to press charges i said yes then they gave me a business card and left. Im wondering what he would be guilty of as far as attacking me. Im also wondering if a court would find him responsible for my window and door being fixed and possibly some pain and suffering. Any help or advice is greatly appreciated.

If you did not have to receive medical attention,the the potential crimes I see here are battery (PC242 - a misdemeanor), vandalism (PC 594(b) - a misdemeanor if under $400 in damages), and if the threats were credible and you believed he was capable of carrying them out presently then that would be criminal threats (PC 422 - a felony).

If convicted, a court would almost certainly order restitution to cover your damages.

So, why was he trying to attack you? Do you know the guy? What justification do you think he will claim to the police?

 

[khall86]

Yes he was definitely attacking me. I have a bite-mark on my arm, multiple deep scratches on my neck, he ripped my sweatshirt in half trying to pull me out the window, my lip is cut and slightly swollen and my nose is very tender(no nosebleed but dry blood when I blew my nose today). What happened was, he saw me leaving his ex-girlfriends house. I've been friends with her since highschool(6 years now) and she called me and asked me to come over because she was upset with him and moving his stuff out. We talked for a while then he just showed up banging on the door trying desparately to get in. I told her to call the police but she wouldn't allow me to because he "has a warrant" and she didnt want him to go to jail. She begged me to just leave through the garage and get in my car and go so I did. He showed up at my window and just started the assault. My main concern is they couldnt find him because by the time the police got there he had hopped fences and ran. Im guessing with that being the case this could be a long drawn out process? Also I really dont think he has any way to justify it to a judge, there were other witnesses on the street and I couldnt even defend myself as he wouldnt let me exit the vehicle. Spoke with her today though and she's asking me not to press charges and asking me how much he needs to pay for all the damage, so Im trying to figure out if it would be worth avoiding the hassle of going to court over it. Also trying to find out if a judge might award some sort of restitution for pain and suffering because if I am going to settle it with him out of court I would like to make him "pay" for what he did.

 

[CdwJava]

If he is convicted of a criminal act you will not receive an award for "pain and suffering." The only way to get that would be to sue him. Does he have the assets or income to pay an award for pain and suffering plus your attorney's fees of about $10,000 on the low end? If the answer is "no" then suing him for pain and suffering is not likely to avail you anything.

He will eventually be picked up for the warrant. So some day, some time, he will be arrested for THAT offense.

As for yours, well, you have no say in whether charges are pursued or not. You can express your desires not to do anything, but the police and the DA can ignore your request if they wish.

It sounds like your lady friend has probably been the victim of his violence, too. DV victims tend to be the most vocal in defending their abuser.

If you have any damages, you can sue him in small claims court for the actual damages. Or, you can hope for a conviction in criminal court and restitution.

 

[khall86]

Ok, great. I really appreciate all the information and advice. I would have been lost without some basic knowledge.