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  1. #1
    Ms. White is offline Junior Member
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    a man Spit in my face..Is that assult?! HELP!

    What is the name of your state (only U.S. law)?
    California (Southern).. (it's long but please help)

    So, this is what basically happened.... I'm 20 years old and i work a restaurant, minutes before i was due to clock in i was out in the mall parking lot searching for an open space among a ton of other drivers... i pulled into an isle when suddenly the car in front of me stopped, leaving me in the way of traffic to the perpendicular lane, trying to move out of the way for the many cars blocked by my tail end, i went slightly to the right of the car in front of me - my front lights right about to their back doors. anyways.. they got very angry and we got in a yelling match while they continually told me to "back the **** up you stupid bitch and ****" i told them i can't- due to cars behind me- and to just move forward so i can go around them, and I'm NOT trying to steel their parking space -which i assumed is why they stopped

    basically they said NO, continued to scream at me.. since i couldn't back up...She pulled forward blocking me between them and the parked cars... the man- oh this is an about 40yr old couple- he opens door (passenger) and hits it repeatedly on my fender, and i said "don't do something stupid!": and he charged at me put his face in my window and INTENTIONALLY "hacked" on and spit in my face.

    Normally, (for my prides sake) I'm a very tempered woman and honestly have no fear of physically confrontation with anyone... however we were directly in front of my NEW place of employment and had no choice but to do nothing but be LIVID!
    I took their license plate and called the police but was unable to speak to one in person tonight, also i do have an older couple as a witness... I'm extremely angry and embarrassed and really want to know what i can do about this and if i can press any kind of assault charges... i mean come on?! what if this guy's sick or something. And i HONESTLY was doing nothing wrong and i really have no idea why it was so important that i backed up anyways, i was just moving out of traffic.

    Also, they ended up just stopping for NO reason... no cars were leaving so they were not waiting for a car to pull out like i assumed... they just felt like stopping.
    Last edited by Ms. White; 02-21-2010 at 02:16 AM.
  2. #2
    CdwJava is online now Senior Member
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    Quote Originally Posted by Ms. White View Post
    and he charged at me put his face in my window and INTENTIONALLY "hacked" on and spit in my face.
    In CA that would be considered battery pursuant to Penal Code section 242.

    I took their license plate and called the police but was unable to speak to one in person tonight, also i do have an older couple as a witness... I'm extremely angry and embarrassed and really want to know what i can do about this and if i can press any kind of assault charges... i mean come on?!
    You report it to the police and let them take care of it. They will forward their report and investigation to the DA who will make a final decision on the matter.

    If you have a reason to believe that he might be ill you can ask for a court order to have him tested.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  3. #3
    Ms. White is offline Junior Member
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    thanks, what about any harm to my vehicle.. do i just go through the insurance for that? or can i just get it all taken care up with pressing battery charges?


    And, what exactly happens to a person who gets these types of charges on them?? do we go to court? Am i Suing this guy? I mean, what will happen to this guy after? Are there any real repercussions for him?

    and is there anyways i can make this couple see anger management? because they seriously have a problem!
  4. #4
    CdwJava is online now Senior Member
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    Quote Originally Posted by Ms. White View Post
    thanks, what about any harm to my vehicle.. do i just go through the insurance for that? or can i just get it all taken care up with pressing battery charges?
    You can sue for the damages, and you can press charges for the battery - maybe even for the damages if it can be seen as an act of vandalism.

    Asking the police to request charges through the DA is not going to gain you restitution by itself, but if the other party is charged with vandalism part of their sentence could be to make good on any repairs should they be necessary.

    And, what exactly happens to a person who gets these types of charges on them?? do we go to court? Am i Suing this guy? I mean, what will happen to this guy after? Are there any real repercussions for him?
    If you call the police and the DA pursues charges,you will be called as a witness and to testify.

    You can also file a civil suit to seek restitution for damages to your car. A civil court is something YOU do, not the state.

    and is there anyways i can make this couple see anger management? because they seriously have a problem!
    Nothing YOU can do will make them do anything.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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