Situation Serious Enough for Criminal Assault Charge - No Injury, No Witness
My question involves criminal law for the state of: NJ
Our friends temporarily changed their address 3 years ago to our house before they went abroad, but we lost contact.They left debt and mortgage in a NYC aptment unpaid.
A person served a foreclosure court summon to our home with our friends' names last night. I explained the situation to her and asked her to return it since it was not ours to accept (I also fear that accepting the document will cause us or our property unwanted trouble). The server was abrupt in her attitude. My husband was playing with my 3 yr old with a foam bat but heard the conversation. He insisted her taking the summon away, but she put the docs on our front door and left.
My husband got very upset and chased after her to her car with the summons (with the foam bat in another hand without realizing so). Then he put the doc on her winshield wiper while she was in the car. She drove away. It was night and there was no witness present.
My husband called police, thinking she was trespassing. Officers came, and it turned out the server had already called 911 and went to the police station. My husband regretted and told the officers that he overreacted and offered to appologize to the server. The officers said the server had left the station but did not mention if she filed any charges.
Is this situation bad enough for the DA to press criminal assault charge?
We never run into trouble with the law before. Very stressed. Please adivse. Thanks.
Re: Situation Serious Enough for Criminal Assault Charge - No Injury, No Witness
You say your husband was returning a summons.
From her point of view, a very angry man was chasing her into the street with a bat.
Could go either way.
The defense of "I forgot I was holding what the victim saw as a weapon" doesn't work all that well.
In what manner was the process server trespassing?
Re: Situation Serious Enough for Criminal Assault Charge - No Injury, No Witness
I totally got the server's point of view. That's why my husband repeatedly asked the police officers to express his apologies for us if they got a chance.
He happened to have a bat in his hand while picking up the summons and went after her. The server didn't give us much a chance to ask questions and just dropped it and ran away. Like getting a hot potato out of her hands. That's why he chased.
Will we get a chance to settle with the DA's office before going to trial if it comes to that?
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Quoting
cyjeff
You say your husband was returning a summons.
From her point of view, a very angry man was chasing her into the street with a bat.
Could go either way.
The defense of "I forgot I was holding what the victim saw as a weapon" doesn't work all that well.
In what manner was the process server trespassing?
Re: Situation Serious Enough for Criminal Assault Charge - No Injury, No Witness
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Quoting
njtrouble
I totally got the server's point of view. That's why my husband repeatedly asked the police officers to express his apologies for us if they got a chance.
Apparently, the apology wasn't enough.
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He happened to have a bat in his hand while picking up the summons and went after her.
I bet process servers get accidentally chased down the street by angry people with weapons every day.
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The server didn't give us much a chance to ask questions and just dropped it and ran away.
Your husband was chasing her with a bat. What would YOU have done.
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Like getting a hot potato out of her hands. That's why he chased.
Her job is to serve a summons not to listen to your tale of woe. She, quite honestly, couldn't care less.
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Will we get a chance to settle with the DA's office before going to trial if it comes to that?
Maybe... your husband needs a lawyer. I recommend he go ahead and start anger management classes.
Oh, and no one will believe for a single moment that he accidentally chased a process server with a bat. No one.
I am not saying it isn't the truth. I am saying that no one will ever believe it.