Thief charges victim with assault

[andre_malik]

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

I recently took my car to an auto repair facility and while it was there someone working at that establishment took (stole) something from my vehicle. Once I noticed the item was missing, I went back into the establishment to confront the person that was working on/in my vehicle. The technician all but "openly admitted" taking the item, but tried to insult my intelligence, and thus some words were said. The manager at the establishment called the cops on me for threatening to harm the technician for stealing from my vehicle. I did, however, pull an ink pen when threatening the guy. Anyway, I find out a week later that a charge of assault with a dangerous weapon has been filed against me.

I would like to know if the issue of the technician stealing from my car is no longer relevant since they filed a charge of assault? What is the likely hood of an actual conviction? Should I file a charge against the technician or establishment for the theft?What is the name of your state (only U.S. law)?

 

[justalayman]

I would like to know if the issue of the technician stealing from my car is no longer relevant since they filed a charge of assault?

Not at all. You did file a report with the police for the theft that will support your claim, right?

What is the likely hood of an actual conviction?

I would say pretty good. Maybe not for what is being charged but definitely some crime.

Should I file a charge against the technician or establishment for the theft?

You haven't already? Why not? If you have not filed a report of the theft, this may be seen as an attempt to take the blame off you.

 

[CdwJava]

The technician all but "openly admitted" taking the item, but tried to insult my intelligence, and thus some words were said.

In other words, he did NOT admit to stealing the item.

His saying something that led you to infer he had stolen the property is not the same as an admission. And even if he HAD confessed, threatening to harm the guy was not the way to go.

The manager at the establishment called the cops on me for threatening to harm the technician for stealing from my vehicle. I did, however, pull an ink pen when threatening the guy. Anyway, I find out a week later that a charge of assault with a dangerous weapon has been filed against me.

That's what can happen when you pull an object that can be used as a stabbing tool and threaten a person.

Te smart thing to do would have been to call the cops.

I would like to know if the issue of the technician stealing from my car is no longer relevant since they filed a charge of assault?

If there exists probable cause to believe he committed the crime of theft, he can still be charged. If the prosecutor feels he can prove the case beyond a reasonable doubt, then he will likely be prosecuted.

Your threats and his theft are two separate matters.

What is the likely hood of an actual conviction?

Against you? Probably pretty strong considering there appears to be at least two witnesses - the guy you threatened and his boss.

Against him for theft? That depends on whether or not it can b shown that he stole anything.

Should I file a charge against the technician or establishment for the theft?

You make the report to the police, they decide if they have probable cause to file with the prosecutor, and the prosecutor files charges with the court if they feel they have enough to take to trial.