how to go about this?

[xxliljonxx1]

hey guys. so i live in new york and i was throwing a party friday night for my brothers birthday. so these two sisters got in an argument with some guy and began to make the claim that the guy hit the younger one in the face (untrue). so they continued to call their father and the cops. Their father showed up first. He began to threaten my guests and pushed two of them of them by the throat ( one was my room mate jesse.) When i saw this i began to tell the father he had to leave then he started to come after me. He pushed me and then my brother pushed him out of my sight. Because of a group of people im not sure what happened from there. So he points out my brother and hes arrested that night for a misdemeanor assault. So the next night after work I went to file a cross complaint for trespassing, assault, and threatening my guests. When i get there I am told I can not file a cross complaint with the new york state troopers and i myself was arrested. The father claimed I kicked him in the chest and punched him in the face when he went down. ( considering im barely 5'8" and hes over 6' its pretty much impossible for me to kick him in the chest.) So the next night my room mate jesse went to file a complaint and they denied him the right to do so. They said he was a part of mine and my brother's party and they repeated that new york state police do not file cross complaints. I would appreciate it very much if some one can clarify that there is no way for us to file a cross complaint and any advice would be awesome. Thank you

 

[HighwayMan]

Because of a group of people im not sure what happened from there.

What does THAT mean?

( considering im barely 5'8" and hes over 6' its pretty much impossible for me to kick him in the chest.)

It's hardly impossible.

Without a physical injury there is no assault. The worst case is that these are violations which probably won't come of anything. Have you been charged? You may want to consult an attorney.

I don't know what the NYSP policy is regarding cross complaints. You may want to contact your county sheriff's department if you wish to make a report.

 

[xxliljonxx1]

it was a party and a crowd surrounded him so i honestly didnt see what happened, is it too late to file a complaint with the sheriffs?

 

[jiggy78]

I think you should no longer associate with these drama sisters and hope this all goes away. Unless the father came in a window or broke the door down, he wasn't tresspassing. Somebody let him in.

 

[xxliljonxx1]

absolutely not associating with them.lol but he was on my yard and i asked him to leave and he refused to. That doesn't make it trespassing?

 

[HighwayMan]

absolutely not associating with them.lol but he was on my yard and i asked him to leave and he refused to. That doesn't make it trespassing?

Yes it does.

 

[HighwayMan]

is it too late to file a complaint with the sheriffs?

No, it's not too late.

 

[Shannongiles16]

Highwayman, I thought a physical injury was battery.

 

[HighwayMan]

There is no such thing as "battery" in New York State. I don't even know what battery really is having grown up in New York and been trained here.

If you strike, kick, punch, etc. another person and do not cause a physical injury then it would be considered Harassment. If there IS a physical injury then it may become assault, depending upon various factors.

Harassment is classified as a violation. As such a police officer cannot summons or arrest a perpetrator unless the offense occurs in the officer's presence.