Crazy Person Tried to Strangle a 13 Year Old Thinking It Was Me

[jamesbond_dude]

My question involves criminal law for the state of: Wisconsin

My question is theoretical in nature. My dad has skitzophrenia and tried to strangle a 13 year old thinking it was me. I'm 30 years old. Anyway I was thinking if I had the legal right to press charges since the intent was to strangle me? Here's the law in wisconsin:

940.19  Battery; substantial battery; aggravated battery.
(1) Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.

So my dad had the intent to cause bodily harm to me without my consent. Even though I wasn't the one he was strangling, as far as he knows it was. Any legal grounds there?

[antrc170]

You have no grounds except for obtaining a restraining order if you can show that your father intended you as the victim.

The statute is to be read in plain english. Whoever causes bodily hard to another (person) by an act done with the intent to cause bodily harm to that person (the one who actually was harmed) or another (any other person who actually was harmed) without the consent....

You weren't harmed, so you don't have any standing to sue. In this case, harmed is going to include physical injury and not emotional damage.

[flyingron]

You have no legal "rights" to anything just because you are the victim or the intended victim.
Anybody can make a complaint to the police.
It is the STATE (police, DA, etc..) that brings the charges in a criminal case. It is society that is harmed by criminal activity.
So sure, call the cops on daddy.

[Beth3]

If your father is a danger to yourself or others, your family needs to consider pursuing involuntary committment. I hope the parents of the 13 year old child filed criminal charages.