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Assault type 3, I am the victim asking about potential procdures, NYC

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tdmansonini

Junior Member
What is the name of your state (only U.S. law)? NY
Hi,
I live in NYC, recently I was attacked by someone who used to work in a store next to my apt, I basically had emailed his management complaining about him, and I
don;t know whether he was fired or he resigned, anyway, 2 months after never seeing him at the store I walk in and he is standing there looking at me from a distance, he mouths the word " F you"
so I walk up to him and say " I thought they fired your A$$" , at which point he punched me in the head 4-5 times, he damaged some blue tooth headphones I was wearing. All of this was of ocurse under video camera , I am much bigger than this criminal and because of that everyone jumped and stopped me, so with me being restrained I say " OK I am cool, I am just gonna call the cops" at which point this punk steps outside and then flees the scene.
The cops come in, and the manager of the store gives them this criminal's home address ( since he was a previous employee ) . In the mean time I have bump on my head where the headphones were. I call an ambulance and go to a close by hospital. the cops say its an assault third degree, and NYPD detective will be in touch.

Next day Det calls me up, I go over and explain what happened, 3 weeks later I get an email from Det saying this guy was arrested, and that the district attorney will get in touch with me about next steps, the detective tells me most probably this criminal won't have any jail time, but probation or whatever .

I haven;lt heard from DA, I will be contacting them next week, I am here to ask about some issues :

1 - Expenses, is it normal to ask for these to be compensated?
- I have paid over 200 $ to replace headphones
- Hospital bill , 1230 $.

2 - I work from home and because of this incident I didn't work for 3 days, I am a consultant and my daily rate is 1250, so thats 3750 $.
Now on this issue I don;t have invoice to show for that specific week ( I charge monthly) but I can show invoice monthly that show that daily rate,
Can I ask for that to be paid by this criminal too or no?

3 - What can I do to make sure this punk goes to jail? how can I damage him the most?
 


FlyingRon

Senior Member
You should check into whether your county has a victim's advocate office. If you need help start here: https://ovs.ny.gov/contact-us

You are not going to get your time compensated for being a witness. It is your duty to testify. Understand this is not YOU vs. the DEFENDANT. It is the STATE vs. the DEFENDANT.

Restitution for your injuries/damages is possible. Again read here:
 

HighwayMan

Super Secret Senior Member
Was the defendant charged with Criminal Mischief?

Crime victim services will assist you with most of your issues although since you're so well off financially I wouldn't count on much.

As far as jail... forget it! If your defendant has no criminal history he will NOT go to jail for a misdemeanor in NYC. Period.

I don't even see him getting probation - I see him pleading guilty to harassment and being sentenced to community service and anger management classes.

For some perspective, a few years back I ended up rolling around on the side of the Throgs Neck Expressway with someone. Another officer was punched and received a physical injury which is a FELONY assault. The ADA didn't even accept my write-up as a felony and charged the misdemeanor which is ridiculous in and of itself. The defendant ended up with a violation conviction.

NYC, because of the volume of cases and the volume of serious cases, works this way. Unless you have an extensive history you will never do jail time for a misdemeanor.
 

dave33

Senior Member
What is the name of your state (only U.S. law)? NY
Hi,
I live in NYC, recently I was attacked by someone who used to work in a store next to my apt, I basically had emailed his management complaining about him, and I
don;t know whether he was fired or he resigned, anyway, 2 months after never seeing him at the store I walk in and he is standing there looking at me from a distance, he mouths the word " F you"
so I walk up to him and say " I thought they fired your A$$" , at which point he punched me in the head 4-5 times, he damaged some blue tooth headphones I was wearing. All of this was of ocurse under video camera , I am much bigger than this criminal and because of that everyone jumped and stopped me, so with me being restrained I say " OK I am cool, I am just gonna call the cops" at which point this punk steps outside and then flees the scene.
The cops come in, and the manager of the store gives them this criminal's home address ( since he was a previous employee ) . In the mean time I have bump on my head where the headphones were. I call an ambulance and go to a close by hospital. the cops say its an assault third degree, and NYPD detective will be in touch.

Next day Det calls me up, I go over and explain what happened, 3 weeks later I get an email from Det saying this guy was arrested, and that the district attorney will get in touch with me about next steps, the detective tells me most probably this criminal won't have any jail time, but probation or whatever .

I haven;lt heard from DA, I will be contacting them next week, I am here to ask about some issues :

1 - Expenses, is it normal to ask for these to be compensated?
- I have paid over 200 $ to replace headphones
- Hospital bill , 1230 $.

2 - I work from home and because of this incident I didn't work for 3 days, I am a consultant and my daily rate is 1250, so thats 3750 $.
Now on this issue I don;t have invoice to show for that specific week ( I charge monthly) but I can show invoice monthly that show that daily rate,
Can I ask for that to be paid by this criminal too or no?

3 - What can I do to make sure this punk goes to jail? how can I damage him the most?
So... You are much bigger, you walk up to him, make a smart "a$$" comment and get beat up. Then you call the cops. You walked up to him, remember? I'm gonna go out on a limb here and say maybe he felt threatened. Did you call the cops because you didn't win? Big guy gets beat up by little guy. Sounds like your pride may have taken a few hits too. Stop using the "call the cops" method of revenge. If you wanna cry, just cry.
 

davew128

Senior Member
So... You are much bigger, you walk up to him, make a smart "a$$" comment and get beat up. Then you call the cops. You walked up to him, remember? I'm gonna go out on a limb here and say maybe he felt threatened. Did you call the cops because you didn't win? Big guy gets beat up by little guy. Sounds like your pride may have taken a few hits too. Stop using the "call the cops" method of revenge. If you wanna cry, just cry.
Whether or not street justice was served for him running his mouth, last time I checked the law called this battery.
 

davew128

Senior Member
Well then you didn't check in New York. There is no such thing here.
Which of course explains why the guy was arrested for punching someone several times. Yes, its assault in NY and not battery. Battery is what is thrown at opposing centerfielders at Yankee Stadium. :rolleyes:
 

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