Assault charge

[collegesstudent]

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

I was assaulted this weekend by a girl that was sober. I was underage drinking and was highly intoxicated but a sober friend saw what happened when she slammed me against a wall. I was diagnosed with a concussion and possible internal bleeding in my brain. I did not touch her, but her boyfriend who was the only other one in the room is going to lie and say she barely touched me and told others that I "was asking for it". Do I have any sort of case for an assault charge or is it going to get too messy with the underage intoxication and lying boyfriend?

 

[davew128]

If you didn't report it at the time, then you're wasting your time now. Beyond that, I'm not aware of an "asking for it" defense to an assault charge.

 

[HighwayMan]

...her boyfriend ... is going to lie and say she barely touched me...

Just how do you know this? Are you clairvoyant?

 

[j_doyle]

More malpratice than assult.

Your first issue is with a person who gives a diagnosis of “possible internal bleeding in [your] brain.”

The good news is that since you are well enough to write your question here, and provided that you are not writing from a hospital, the bleeding into the brain is likely not happening.

Traumatic brain injury (concussion) is also not a small deal, it is .. um .. traumatic.

Did your friend call for an ambulance, or did he drive you to the hospital ?

A concussion can not be properly diagnosed unless you are sober, the concussion alters your nervous system, as does being highly intoxicated. Unless the issue could be resolved with an MRI, or similar testing.

You must have been at the hospital at least 8 hours, you were released from medical care without a known status of blood in your brain, and you made no mention of release instructions.

Somewhere there should be a bill for about $1000 for the ambulance ride, and another $2000 for the hospital, testing, the doctor treating you, the doctor who read the mri, and who knows what else. There should be plenty of paperwork to back up your having been more than “barely touched,” no matter what the boyfriend says.

- First, find another doctor and get a full medical evaluation.
- Second, find a lawyer. If you are hoping for a lottery jackpot, call the personal injury attorney who advertises on the back of the phone book. This is text book malpractice, by at least 6 or 8 different people.
- Third, let the lawyer call the police.

 

[Esto Perpetua]

a sober friend saw what happened when she slammed me against a wall

her boyfriend who was the only other one in the room

Um, what?

I did not touch her, but her boyfriend who was the only other one in the room is going to lie and say she barely touched me and told others that I "was asking for it"

I was underage drinking and was highly intoxicated

How do you know you weren't asking for it? For all we know, you copped an unwelcome feel while intoxicated, and the sober victim defended herself.

You've got a tough row to hoe. I'd take my licks, learn, and move on.

 

[davew128]

How do you know you weren't asking for it? For all we know, you copped an unwelcome feel while intoxicated, and the sober victim defended herself.

I am unaware of a legal justification of self defense against copping a feel that includes slamming someone against a wall so hard it causes a concussion and cranial hematoma.

 

[Esto Perpetua]

I am unaware of a legal justification of self defense against copping a feel that includes slamming someone against a wall so hard it causes a concussion and cranial hematoma.

It will be difficult for him to demonstrate that his injuries were the result of an overzealous use of defensive force, rather than his own intoxication and clumsiness, especially if she has a witness. What if she gave him a light shove, only enough to get him off, and he drunkenly tripped over his own two feet?

 

[davew128]

It will be difficult for him to demonstrate that his injuries were the result of an overzealous use of defensive force, rather than his own intoxication and clumsiness, especially if she has a witness. What if she gave him a light shove, only enough to get him off, and he drunkenly tripped over his own two feet?

What if a toilet fell out of a Boeing 767 flying at 37,000 feet above me, and hit and killed me? Quite honestly, you're full of it.

 

[Esto Perpetua]

What if a toilet fell out of a Boeing 767 flying at 37,000 feet above me, and hit and killed me? Quite honestly, you're full of it.

You're completely missing who has the burden of proof in this scenario...

 

[Zigner]

You're completely missing who has the burden of proof in this scenario...

I think you're completely missing the standard of proof that is required in this scenario.

 

[Esto Perpetua]

I think you're completely missing the standard of proof that is required in this scenario.

He's going to have to show a lot more than alleging a girl shoved him (while she was sober and he was, by his own admission, "highly intoxicated"), especially when the lone witness says "he was asking for it" and it was a light shove. To a critical mind, this sounds like he got drunk, fell later in the night, hurt himself, and is using a minor, earlier event to get someone else to pay for his idiocy.

 

[Ohiogal]

He's going to have to show a lot more than alleging a girl shoved him (while she was sober and he was, by his own admission, "highly intoxicated"), especially when the lone witness says "he was asking for it" and it was a light shove. To a critical mind, this sounds like he got drunk, fell later in the night, hurt himself, and is using a minor, earlier event to get someone else to pay for his idiocy.

Too bad you are wrong. This OP CAN be arrested and charged and CONVICTED of assault on this fact pattern.

 

[quincy]

He's going to have to show a lot more than alleging a girl shoved him (while she was sober and he was, by his own admission, "highly intoxicated"), especially when the lone witness says "he was asking for it" and it was a light shove. To a critical mind, this sounds like he got drunk, fell later in the night, hurt himself, and is using a minor, earlier event to get someone else to pay for his idiocy.

A shove, no matter how light, can be charged as battery. The lone witness saying "he was asking for it" helps to support this charge against the female.



(Ohiogal, the OP is the one who was assaulted)

 

[Esto Perpetua]

You do realize that a shove, no matter how light, can be charged as battery?

Except physical force is allowed to be used in defense of a battery, such as copping a feel.

And that the lone witness saying "he was asking for it" helps to support this charge against the female?

Actually, it helps to support the self defense exception (as does, let's be honest, the fact she is female and he is not).

 

[davew128]

Too bad you are wrong. This OP CAN be arrested and charged and CONVICTED of assault on this fact pattern.

Umm, the OP is the victim of the assault.