False assault and battery report

[mpe382]

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

Trying to keep it brief but will provide more info if needed. I was outside raking leaves, an individual approached me with a petition he wanted me to sign. He handed me the paper to look at, after looking at it I said I would not sign it, he then snatched the paper out of my hand. The rake was in my other hand the entire time.

He then called the police, they collected a statement from the individual and myself. He said I threatened him, then struck him with the rake (A&B). I said I did no such things. There are no witnesses (aside from the accuser) and no evidence (marks, cuts, etc.) of any kind.

My neighbor, who was not present during the situation above, spoke with the police after they arrived. My neighbor said the individual had visited several other people in the neighborhood previously and was harassing them into signing the petition.

The police spoke with me and said the situation is 50/50, but because of my neighbors statement, they told me I was free to leave, no arrest/charge.

The person had a minor to moderate mental/substance issue based on my interaction with him. My neighbor said the same thing. I believe the police saw this as well.

Criminally, where could this go? Would a prosecutor consider charging in this case if there is zero evidence?

For a civil suit, doesn't there have to be some kind of damages to prove? Is there a potential for anything civil?

Sort of curious as well, how likely was I to be arrested/eventually charged if not for my neighbor showing up? (I should probably get him some kind of gift for this)

Thanks!

 

[quincy]

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

... The person had a minor to moderate mental/substance issue based on my interaction with him. My neighbor said the same thing. I believe the police saw this as well. ...

What do you mean by the statements mentioned in the quoted portion above?

 

[CdwJava]

If you were not arrested or issued a citation at the scene, it is unlikely that you will be charged based solely upon the statement of the accuser absent some proof. While unlikely, it is theoretically possible to be charged, so don't think you are entirely free yet.

 

[mpe382]

What do you mean by the statements mentioned in the quoted portion above?

You know when you talk to someone and you know something just isn't there with the person? Kinda like some homeless people in big cities. He was rambling and not making a lot of sense.

If you were not arrested or issued a citation at the scene, it is unlikely that you will be charged based solely upon the statement of the accuser absent some proof. While unlikely, it is theoretically possible to be charged, so don't think you are entirely free yet.

Thank you! He was adamant about getting the officer's badge number and car number... until the officer told him to move along or be arrested... hence the the part about mental health.

 

[quincy]

You know when you talk to someone and you know something just isn't there with the person? Kinda like some homeless people in big cities. He was rambling and not making a lot of sense. ...

Thanks for addressing my question, mpe382.

I agree with CdwJava that you appear to have little to worry about, especially if the police told the man to move along. If he had been wandering the neighborhood with his petition, it is entirely possible someone had already reported him to authorities.

 

[Mt_Vernon]

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


Sort of curious as well, how likely was I to be arrested/eventually charged if not for my neighbor showing up? (I should probably get him some kind of gift for this)

Well, the officer seemed to imply that, without your neighbor, there was a 50% chance that you would be arrested. People have been wrongly convicted based on false testimony alone. Please be careful.

Also, getting your neighbor a gift will look improper, as if you were buying the neighbor's testimony.

 

[mpe382]

Wow, that is terrifying. So someone can just make up a story about anybody doing anything to them and there is a decent chance of being arrested for it with no other evidence. That seems so wrong to me.

Thanks for the tip about the gift.

 

[CdwJava]

Wow, that is terrifying. So someone can just make up a story about anybody doing anything to them and there is a decent chance of being arrested for it with no other evidence. That seems so wrong to me.

I wouldn't worry too much. While an ARREST requires a relatively low burden of proof, prosecution requires a greater burden.

 

[davew128]

OP, in MA, if the officer doesn't make an arrest or inform you that you will be summonsed to a show cause hearing with a magistrate, the only way anything happens is of the other individual swears out a complaint himself, in which case you still get summonsed to the magistrate for a show cause hearing. I can tell you the odds of a criminal complaint being issued by the magistrate based on the other person's testimony is about the same as Ted Kennedy being reincarnated sober.

 

[Mt_Vernon]

I wouldn't worry too much. While an ARREST requires a relatively low burden of proof, prosecution requires a greater burden.

I WOULD worry. An arrest record (and the resulting mugshot) will haunt a person forever.

 

[LeeHarveyBlotto]

I WOULD worry. An arrest record (and the resulting mugshot) will haunt a person forever.

To what end? Whether the odds are 50/50, or 1% (more likely), there's nothing the OP can do at this point.

 

[Isis1]

I WOULD worry. An arrest record (and the resulting mugshot) will haunt a person forever.

there was no arrest record. hence....no worry. the officer declined to make an arrest.

 

[CdwJava]

I WOULD worry. An arrest record (and the resulting mugshot) will haunt a person forever.

But, he was NOT arrested when the police responded. An arrest later, after the fact, is highly unlikely and would require sufficient probable cause to convince a judge to issue an arrest warrant ... given the details as the OP outlined, I doubt a prosecutor would pursue the issue and bring it before a judge.