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Bogus Assault Charges

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Adviseee1313

Junior Member
What is the name of your state (only U.S. law)? Texas

Hello all,

Let me start with some background. I live in a apartment complex that is gated. There are no available visitor parking spots in our complex. However, there is a man that comes to visit his brother (His brother lives in our complex), around once a week. He repeatedly parks in other people's spots, and they subsequently have nowhere to park because he is uncaring about the rules of the complex. I've asked him several times to park outside, or to park in his brother's assigned parking space, because his brother does not have a car. He refuses or says, "Bitch, mind your own business", or something to that effect.

The last time he came, he parked in somebody else's spot, and I mentioned to him that it was somebody else's spot, he says "I know", and I said that visitor's are suppose to park outside the gate and come in. He ignores me and goes to his brother's apartment. While he is inside, I type out a very nice letter to him, asking him to please respect the rules of the complex, and think of others when you park in somebody else's spot. I also note that I have always been very kind and patient with his brother (who suffers from a mental disability) when I had interactions with him, and I understand that must be hard, but to please refrain from breaking the simple rules.

I walk outside to put it on his vehicle, in hopes of him reading it and starting to obey the rules. However, he is already in his car with his brother, and I walk up to his vehicle, and try to hand him the letter. He again says, "Mind your own ****ing business, bitch", and starts to drive away as I'm trying to hand him the letter.

This is where it gets complicated, he tries to speed off as I am tying to (admittedly) forcefully hand him the letter. I am not touching him, or saying anything, just putting it in front of him to take. He tries to speed off as I am doing this, and my hand bumps his lip.

He gets out of his car saying that I assaulted him, and of course, luckily for me, his lip is bleeding.

He calls the police telling me that I assaulted him, as I say that I was only trying to hand him the letter. He's extremely irritated, so at that point, I walk up to my apartment and leave him alone.

My question, does he have a case against me? He is an extremely rude and bitter man, and I have little doubt he would refrain from pressing charges on me if he could. What do I do, and how should I handle the situation?

Thanks very much for any help.
 


xylene

Senior Member
This is where it gets complicated, he tries to speed off as I am tying to (admittedly) forcefully hand him the letter. I am not touching him, or saying anything, just putting it in front of him to take. He tries to speed off as I am doing this, and my hand bumps his lip.

How did your hand "bump" the lip of someone inside a car? :rolleyes:

You really need to lay low, get a lawyer lined up if charged and see what happens.

Consider moving.

Consider that being so passive aggressive helped no one.

If he (or anyone else) was in your space - demand towing. Tell anyone else the same.
 
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FlyingRon

Senior Member
I'd be rude and bitter two if some stranger kept shoving envelopes at me.
Regardless of how obnoxious he his or how much he violates your parking space, you don't have the right to retaliate against him.

a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

It's not beyond the realm of possibility you could be charged with the above.
 

Adviseee1313

Junior Member
.

@xylene: He literally reached inside his lip and showed me his finger with some blood on it, even though it was extremely minimal. And like I had admitted, I was forcefully trying to hand him the letter. He speedily drove off while I was trying to reach inside to hand him the letter. If I had thought I should hit him, I would have made it count.

Also, unfortunately, the complex has a strict "no towing, leave note" policy for the first few hours someone has occupied your spot, for people who mistakenly take someone else's spot. He has also parked in my spot several times. Of course he's abusing the policy.

I appreciate your advice very much. I understand the passive aggressive technique may not be the best way to go, I'm very adamant about our complex and keeping it nice, as I attend the developer meetings often when they have open forums. Just trying to keep the place I live nice for myself and others.

Also, why do you mention "lying low", and how could that help?

@FlyingRon: As stated, I didn't retaliate against him in the ways you listed. And he was rude and bitter far before I started "shoving" my kindly worded letters at him.
 
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xylene

Senior Member
And like I had admitted, I was forcefully trying to hand him the letter. He speedily drove off while I was trying to reach inside to hand him the letter.
You see, you didn't understand my question.

I think you need to realize that forcibly trying to jam something into the man's car looks a lot like assault when that person winds up bloodied.
 

Adviseee1313

Junior Member
You see, you didn't understand my question.

I think you need to realize that forcibly trying to jam something into the man's car looks a lot like assault when that person winds up bloodied.
Ah, I understand... You had mentioned "lying low", why would I do that and how would it help?
 

Adviseee1313

Junior Member
File a complaint with management if he is in your spot. He is NOT YOUR problem.
He becomes my problem when he parks in my spot, and filing a complaint with management will do nothing. They aren't going to camp out and wait for him to show up and park in someone's spot that is not his.
 

xylene

Senior Member
Ah, I understand... You had mentioned "lying low", why would I do that and how would it help?
If you can't figure out how not to further antagonize the the situation...

Don't be a pita... to anybody.

Don't contact this person.

Be discrete. Stop being mr. helpful

Move.
 

TinkerBelleLuvr

Senior Member
Each and EVERY time he parks in your space, take a photo and file a complaint with management. THEY can deal with it. If they don't, then don't renew your lease. Remember the squeaky wheel.
 

davew128

Senior Member
He becomes my problem when he parks in my spot, and filing a complaint with management will do nothing. They aren't going to camp out and wait for him to show up and park in someone's spot that is not his.
What happened when you called the towing company to have him moved?
 

Adviseee1313

Junior Member
If you can't figure out how not to further antagonize the the situation...

Don't be a pita... to anybody.

Don't contact this person.

Be discrete. Stop being mr. helpful

Move.
I see. Fair enough, I suppose that would be best. I sure hope the charges don't go through, because I'd be pretty upset that I didn't hit him in the face for real.

Thanks for the help.
 

FlyingRon

Senior Member
You caused him injury. You took a caused contact with the person in a way which offended him. Believe me, I'd keep my mouth shut and if charges ensue have a lawyer ready.

None of your practical or legal options involve forcefully shoving letters at him.
 

Adviseee1313

Junior Member
You caused him injury. You took a caused contact with the person in a way which offended him. Believe me, I'd keep my mouth shut and if charges ensue have a lawyer ready.

None of your practical or legal options involve forcefully shoving letters at him.
I don't need advice from someone who has made their mind up about the situation already, FlyingRon. As much as I'd like advice, I don't need yours. He sped off while my hand and half of my forearm were still in the car. I didn't intentionally or knowingly cause any type of contact with him, if I wanted to do that, I would have hit him for real.

Thanks.
 

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