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Assaulted by My Girlfriend's Family

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  • 12-25-2013, 11:04 AM
    bguzman209
    Assaulted by My Girlfriend's Family
    My question involves criminal law for the state of: So My girlfriends perents called n told me to go talk to them last night and when i got there her dad n brother started hitting me and trowing me on the ground on broke my phone i did not even enter there house property this was all done out the side walk what charges can i press? i made a report cops where kinda being jerks about it form my side after 6 hours finaly got it but i dont think put my story right i did record my conversation with the cops as well im jsut curious what charges i can place on the dad i have his name and adress and he was one who hit me and was kicking me
  • 12-25-2013, 11:29 AM
    Dogmatique
    Re: Batery or What Can I Charge
    Two things.

    1. We need to know where you're located.

    2. It's not actually your choice about what they may or may not be charged with. You make your report, and then Those In Charge decide whether or not it's worth going after.
  • 12-25-2013, 11:50 AM
    cdwjava
    Re: Batery or What Can I Charge
    Quote:

    Quoting bguzman209
    View Post
    My question involves criminal law for the state of: So My girlfriends perents called n told me to go talk to them last night and when i got there her dad n brother started hitting me and trowing me on the ground on broke my phone i did not even enter there house property this was all done out the side walk what charges can i press? i made a report cops where kinda being jerks about it form my side after 6 hours finaly got it but i dont think put my story right i did record my conversation with the cops as well im jsut curious what charges i can place on the dad i have his name and adress and he was one who hit me and was kicking me

    What charges might be pursued and whether or not you can independently take action depends on the state you are in. what state is that?

    Generally, you make a report to the police and they forward it to the DA who decides if any charges are appropriate. Chances are dad and brother have a different rendition of events so it may not be as simple as you might hope.

    If you have any injuries or damages you can always try to sue them ... maybe.
  • 12-25-2013, 12:10 PM
    bguzman209
    Re: Batery or What Can I Charge
    im in the state of california

    - - - Updated - - -

    And about 2 years ago i had an accident where i was in a coma and my head fracture is sensitive and im having alot of pain.Will i be able just go to the doctor and get there report too incase i got injure again. so i can have it along with the police report?
  • 12-25-2013, 12:15 PM
    Dogmatique
    Re: Batery or What Can I Charge
    If anything, that may damage your case. You have a pre-existing head injury - you might find it difficult to prove that your current problem/s are not a result of that injury.
  • 12-25-2013, 12:22 PM
    bguzman209
    Re: Batery or What Can I Charge
    Well i have my report form my injury and umm the case on that was that it was very fragile after my accident so thats why im not suppose to put much presure on it and not fight thats why i didnt fight back just cover my head. But like ive been fine about it had no problems cept right now i cant stand this pain im gettting form it where he kicked me serveral times around my neck and yeah im just trying to get inform so when i check my report if it gets a court i know where i stand and what to focus on
  • 12-25-2013, 12:36 PM
    cdwjava
    Re: Batery or What Can I Charge
    If the battery did not require medical treatment then it is a misdemeanor. If you called the police at the scene then you could have insisted on a private person's arrest (.e. a citizen's arrest). Absent that, then the police can write it up and send it to the DA and see if the DA wants to pursue the matter.

    If they kicked you in or near the head on the ground, it might be able to be charged as ADW - a felony. But, that might depend on what is said by the other parties and any other witnesses.

    If your injuries were exacerbated by the attack, you can always hire an attorney to sue them for the damages or - if only a small amount - try to take them to Small Claims court for your expenses. But, you will have to show that their actions caused the additional medical treatment and that might be difficult.

    So what will THEY say is the reason for the assault? Why do you think they attacked you? I'm guessing there is something more to this tale.
  • 12-25-2013, 12:46 PM
    bguzman209
    Re: Batery or What Can I Charge
    Oh He doesnt like me what so ever. So my gf was talking to them and was trying to tell them that no matter what i was going to in her life ither way. So then she called me n it was on speaker form the mothers phone n they all said to come that they wanted to talk i mean i know he doesnt like me but i wasnt thinking he was really going to come at me like that. thats it no more no less to it
  • 12-25-2013, 12:49 PM
    cdwjava
    Re: Batery or What Can I Charge
    That seems a bit extreme to attack you for no reason simply because they don't like you dating their daughter and sister. But, okay ... if you say so.

    But, again, what do you think THEY told the police happened? I seriously doubt they are going to say that they beat you down because they don't like you. And what will your girlfriend say? Is she going to support your claim??
  • 12-25-2013, 12:56 PM
    bguzman209
    Re: Batery or What Can I Charge
    Yeah where i live this city some people are pretty crazy he like treaten me before saying that i need to stay away form her duaghter n said he was going take me some where mo one will find me while back ago but ya. and um they said that i went to the house n was looking for trouble. that i supposly like went there and started it all. thats there claim that i went there and started everything n they tried lied say i been i nthere home n all that. but like i dont know if i can get call conversation form my provided. but my call log her mom called me where everyone was in speaker saying that to come that we need to talk. i never step foot in there thou like ya but mean the niegbors saw as i was walking down street her dad just like grabed me form the neck and yeah and yeah she will support my claim
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