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  1. #1
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    Default Physically Assaulted - Police Are Not Helping and Are Charging Me

    My question involves criminal law for the state of: PA

    I had an small scuffle with a girl after an argument and the inside the girl's house. We had been drinking It was basically wrestling and hair pulling not good but know one got beat up. My husband, her husband and her husband's best friend witnessed it and pulled us apart. It was a small scuffle and I take responsibility for my actions in this scuffle. After it ended my husband and I left the house and had a verbal argument in their driveway about the incident. I told him I would not leave with him and I would call someone else to get me. He tried to get me to leave with him but I wouldn't and he left. Somewhere in the scuffle or on the way out I lost my cell phone and I was trying to find it in their drive way. Her husband came out and told me to leave the property or he would he call the cops. I said please let me find my phone and I will leave. He said again to leave. I said please again I just need my phone and I will leave. This was in their driveway. I had never been to their house before and was not familiar with the area so I needed help by calling someone so I could leave. I then heard his wife screaming and raging from inside the house. She then came out the front door towards me. I said I dont want to fight anymore, please lets just make peace. She then knocked me to the ground and began punching and kicking me in the head and all over my body. I covered my head with my hands and did not fight back. I kept saying please stop, please stop. I thought if I did not fight she would just stop but she just kept going. Her husband and his best friend attempted to get her to stop while at the same time telling me repeatedly I deserved it for not leaving. I had not screamed or said anything towards her prior to her coming out the house and attacking me. I do not remember how it stopped I was kind of disoriented. I do remember telling her husband I was going to have her arrested and he said what are you going to do 3 witnesses against you, this did not happen.
    The cops came apparently a neighbor called for the noise. I was pretty beaten up and had bleeding knees from being on the ground.
    The cops did not want to charge her they wanted to charge us both with harassment. I told them what happen to me and they said witnesses said otherwise. My husband then later testified to them that I had no visible marks when he left from the initial scuffle. The cops then took me to my parents home. I woke up a few hours later. I was badly bruised had multiple contusions on my scalp and chin, forehead, jaw and cheeks and large bruises on my head and huge bruises on my legs. My body felt as though I was an a car accident. I went to the ER and found out I had a concussion and rib injuries. I went to the doctor several more times in the days that followed for pain.
    The cops do not seem to want to help me even with the way I looked and my medical reports. I have had to push them to charge her with something. Then they keep adding more charges to me and I was beaten pretty badly. I am ok with paying a fine for the initial scuffle but they keep adding more charges to me as I have tried to pursue justice for her attacking me. They told me they cant charge who won the fight and it looks like I just got my ass kicked and I did but while I was laying on the ground covering myself.I got a lawyer to help me but I feel like they are punishing me for wanting justice it is insane and I am a victim. I have been unable to return to work due to the trauma of the situation and my doctor has pulled me out of work do to post traumatic stress.
    What can I do? I have hired a lawyer he went with me to the police station but they would not really listen. I fear they will not give the DA my medical reports and pictures as the officer said he makes a report but keeps all the evidence. What can I do?

  2. #2

    Default Re: Physically Assaulted - Police Are Not Helping and Are Charging Me

    All you can do is what your attorney TELLS you to do.

    Why do you think the DA needs your medical records? How bad you lost really isn't the issue. The issue, in the really big picture, is that you remained after being asked to leave on multiple occasions, and in front of witnesses - and, that the DA somehow feels that the level of physical altercation was appropriate (not saying I agree, only that apparantly the DA feels you should have left when told to).

    If your attorney feels that those records will be helpful to your defense, THEY will enter them into evidence in court in support of your case.

  3. #3
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    Default Re: Physically Assaulted - Police Are Not Helping and Are Charging Me

    Quote Quoting aardvarc
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    All you can do is what your attorney TELLS you to do.

    Why do you think the DA needs your medical records? How bad you lost really isn't the issue. The issue, in the really big picture, is that you remained after being asked to leave on multiple occasions, and in front of witnesses - and, that the DA somehow feels that the level of physical altercation was appropriate (not saying I agree, only that apparantly the DA feels you should have left when told to).

    If your attorney feels that those records will be helpful to your defense, THEY will enter them into evidence in court in support of your case.
    First the DA has not yet received anything. Only the police have the information. My lawyer told me to give my medical reports to the police because they show what she did to me. My medical reports show the extent of my injuries from the assault. I stated that the cop said about "who won the fight". There was not fight the second time she attacked me. It is not a fight when someone is knocked to the ground covering their head sheilding themselves.The issue is this girl came out charged me and knocked me to the ground and kicked and punched me in my head and all over my body repeatedly. Not at all a mutual combat situation as my lawyer says it is aggravated assault. I was invited to her house originally, I did not show up and just start fighting.
    I came on here asking for any insight because that is what this board is for right? Of course I will do what my lawyer tells me but I am was hoping someone else could offer insight.

  4. #4
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    Default Re: Physically Assaulted - Police Are Not Helping and Are Charging Me

    Quote Quoting ikcemat
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    First the DA has not yet received anything. Only the police have the information. My lawyer told me to give my medical reports to the police because they show what she did to me. My medical reports show the extent of my injuries from the assault. I stated that the cop said about "who won the fight". There was not fight the second time she attacked me. It is not a fight when someone is knocked to the ground covering their head sheilding themselves.The issue is this girl came out charged me and knocked me to the ground and kicked and punched me in my head and all over my body repeatedly. Not at all a mutual combat situation as my lawyer says it is aggravated assault. I was invited to her house originally, I did not show up and just start fighting.
    I came on here asking for any insight because that is what this board is for right? Of course I will do what my lawyer tells me but I am was hoping someone else could offer insight.

    aardvarc gave you some excellent advice - seriously, you would do well to listen to what was said

  5. #5
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    Default Re: Physically Assaulted - Police Are Not Helping and Are Charging Me

    Also I am not as concerned with my defense as I about getting justice for what she did to me that is all I want. I hardly was committing any kind of trespassing. I had to get to my property.

    Don't you work for the Victim's side?

    Quote Quoting Dogmatique
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    aardvarc gave you some excellent advice - seriously, you would do well to listen to what was said
    Dogmatique, I don't understand your post Could you explain please?

  6. #6
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    Default Re: Physically Assaulted - Police Are Not Helping and Are Charging Me

    aardvarc is advising you to listen to your attorney.

    We really can't second guess your attorney in this instance, you know? We'd be doing both you and the forum a disservice.

  7. #7

    Default Re: Physically Assaulted - Police Are Not Helping and Are Charging Me

    The bottom line is this: neither you nor your attorney can make the DA bring criminal charges. The DA gets the police report, and goes from there. If the police didn't find probable cause to arrest her at the scene, the odds are that the DA won't either (stranger things HAVE happened, but it's NOT common). Police had the advantage of actually BEING at the scene - the DA gets a written report after the fact. Based on THAT report, the DA decides to pursue the case or not. Thus, the DA TENDS to follow what the police did - if the police charge one person, that's the case the DA has in their lap to act on.

    Technically, the moment you were told or asked to leave and remained on the property REGARDLESS of the reason, you WERE trespassing. You'll notice that the statute doesn't read "unless trying to find your cell phone".


    It is not a fight when someone is knocked to the ground covering their head sheilding themselves.The issue is this girl came out charged me and knocked me to the ground and kicked and punched me in my head and all over my body repeatedly.
    Then your attorney will argue that the attacker was going BEYOND self defense, which typically limits a person to using that minimal amount of force needed to deflect, prevent, or preclude injury to themselves or another...OR...to prevent the commission of any number of crimes which generally fit under the umbrella of forceable felony. Since we're not privy to the exact list of charges and statute numbers that you've been charged under, we can only assume that either (a) one or more of them are being considered at the level of forceable felony, or (b) police have SOME reason to believe that the amount of force was appropriate in some universe surrounding the situation. Again, without the benefit of the police report, witness statements, etc., you are asking us to do a LOT of guesswork. Your attorney on the other hand DOES (or will) have access to the whole gamit of information, as well as the tendencies and history of the DA when acting in similar cases - which is why we KEEP referring you to your attorney. We can give some general info - but without the access to ALL of the information, anything beyond GENERAL info is an educated guess at best and unlikely to be reliable.

    Not at all a mutual combat situation as my lawyer says it is aggravated assault.
    Which it might be. But again, no force under heaven or earth can make a DA bring charges that for whatever reason they are unwilling to bring. And, you are at a substantial legal disadvantage in that you remained on the property AFTER being asked to leave. The DA KNOWS that this in and of itself doesn't justify you getting your ass kicked up one side and down the other...but...there must be SOMETHING in the statements of either the parties or the witnesses that they are keying in on if they are choosing to pursue the case. Which, by the way, we've no indication that they ARE. Police make arrests on cases that don't get pursed by the DA all the time, for a wide variety of reasons. Has your case actually been charged by the STATE yet, arraignment held, first appearance, pleading, etc.? Or at this point are we ONLY at the arrest stage? If we're only at the arrest stage, it still remains to be seen if the DA will move forward or not and this whole thing is academic.

    I was invited to her house originally, I did not show up and just start fighting.
    But as noted above, the problem from a LEGAL perspective didn't start until the moment you were asked to leave and didn't. How and why you were there in the first place is secondary to remaining post that request.

    Next time you speak to your attorney, make sure to ask for a referral for a person injury attorney. If the DA drops the case and doesn't pursue criminal charges, then your next step is to pursue the case in CIVIL court - where you can attempt to sue for medical bills, pain and suffering, etc. (so be sure to keep good track of expenses, bills, prescriptions, mileage to and from doctors, etc.). If charges DO get brought against you, the civil case becomes harder to win, and if a plea to criminal charges is made (essentially pleading guilty to a lesser charge) or a conviction is achieved, the chances of winning a civil suit plummet. However since there's no resolution yet, better safe than sorry, so document your expenses well.

  8. #8
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    Default Re: Physically Assaulted - Police Are Not Helping and Are Charging Me

    Quote Quoting aardvarc
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    The bottom line is this: neither you nor your attorney can make the DA bring criminal charges. The DA gets the police report, and goes from there. If the police didn't find probable cause to arrest her at the scene, the odds are that the DA won't either (stranger things HAVE happened, but it's NOT common). Police had the advantage of actually BEING at the scene - the DA gets a written report after the fact. Based on THAT report, the DA decides to pursue the case or not. Thus, the DA TENDS to follow what the police did - if the police charge one person, that's the case the DA has in their lap to act on.

    Technically, the moment you were told or asked to leave and remained on the property REGARDLESS of the reason, you WERE trespassing. You'll notice that the statute doesn't read "unless trying to find your cell phone".




    Then your attorney will argue that the attacker was going BEYOND self defense, which typically limits a person to using that minimal amount of force needed to deflect, prevent, or preclude injury to themselves or another...OR...to prevent the commission of any number of crimes which generally fit under the umbrella of forceable felony. Since we're not privy to the exact list of charges and statute numbers that you've been charged under, we can only assume that either (a) one or more of them are being considered at the level of forceable felony, or (b) police have SOME reason to believe that the amount of force was appropriate in some universe surrounding the situation. Again, without the benefit of the police report, witness statements, etc., you are asking us to do a LOT of guesswork. Your attorney on the other hand DOES (or will) have access to the whole gamit of information, as well as the tendencies and history of the DA when acting in similar cases - which is why we KEEP referring you to your attorney. We can give some general info - but without the access to ALL of the information, anything beyond GENERAL info is an educated guess at best and unlikely to be reliable.



    Which it might be. But again, no force under heaven or earth can make a DA bring charges that for whatever reason they are unwilling to bring. And, you are at a substantial legal disadvantage in that you remained on the property AFTER being asked to leave. The DA KNOWS that this in and of itself doesn't justify you getting your ass kicked up one side and down the other...but...there must be SOMETHING in the statements of either the parties or the witnesses that they are keying in on if they are choosing to pursue the case. Which, by the way, we've no indication that they ARE. Police make arrests on cases that don't get pursed by the DA all the time, for a wide variety of reasons. Has your case actually been charged by the STATE yet, arraignment held, first appearance, pleading, etc.? Or at this point are we ONLY at the arrest stage? If we're only at the arrest stage, it still remains to be seen if the DA will move forward or not and this whole thing is academic.



    But as noted above, the problem from a LEGAL perspective didn't start until the moment you were asked to leave and didn't. How and why you were there in the first place is secondary to remaining post that request.

    Next time you speak to your attorney, make sure to ask for a referral for a person injury attorney. If the DA drops the case and doesn't pursue criminal charges, then your next step is to pursue the case in CIVIL court - where you can attempt to sue for medical bills, pain and suffering, etc. (so be sure to keep good track of expenses, bills, prescriptions, mileage to and from doctors, etc.). If charges DO get brought against you, the civil case becomes harder to win, and if a plea to criminal charges is made (essentially pleading guilty to a lesser charge) or a conviction is achieved, the chances of winning a civil suit plummet. However since there's no resolution yet, better safe than sorry, so document your expenses well.
    They are charging her as well with everything they are charging me with. They have only continued to add charges to me because I pushed for them to charge her with more for what she did to me. The police have been completely unprofessional and refused to interviews the neighbors who made a 911 call and were not even going to interview my husband first. They should fully investigate before they bring charges. Sorry but often police officers do not what do their job or know the laws especially small town cops.

    They do NOT have the right to use excessive force. I was not trying to cause any damage and I was at the end of the driveway. The wife who attacked me was not even outside, it was her husband who asked me to leave. The wife then came flying out and attacked me and believe me it was just pure rage she was not concerned about her property. There was no threat to their property and or self. Kicking someone in their head while they are covering themselves is excessive, disgusting and completely unnecessary.
    It could kill someone.

  9. #9
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    Default Re: Physically Assaulted - Police Are Not Helping and Are Charging Me

    Here is the part you don't seem to understand.

    Even if you believe you had a really good reason to trespass, you were still trespassing. You had no right to be on their driveway and were told to leave.

    You said you just laid there and took it. Me, I throw the BS flag... after all, you just GOT into a fight with the same person and now are just going to lay on the ground?

    Nah... if you aren't going to tell us the truth, make sure you tell your attorney.

  10. #10
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    Default Re: Physically Assaulted - Police Are Not Helping and Are Charging Me

    I do understand what you are saying. I am not being charged with Criminal trespass but defiant trespass. So because I did not leave the drive way I deserved to be kicked in my head repeatedly? Come on, that could kill someone. I thought she was going to kill me.

    I AM telling the truth. I did just lay there and cover myself and I have the contusions on my arms to show it. I had a concusion (from the blunt force to my head stated by my doctor), rib injuries from her either knocking me to the ground or the kicks, I have a softball size kick marks on legs. I was beaten badly and bleeding. Medical evidence does not lie. She came out and attacked me 30 minutes more than the first initial incident. She came towards me and I said I did not want to fight and please lets just make peace. I was of no threat to her property and believe me she was just raging with anger. She was not attempting to remove me from the property she was beating me. I am a petite female and I could have been easily removed from the property with out any excessive force, she was much larger then me. They SHOULD have just called the police but the neighbors did because they thought it was a domestic violence.

    I have NO reason to lie. I admit my wrong doing in the first part if I was going to lie wouldn't I just lie about that as well? After the first scuffle I realized it was stupid, I was NOT at looking for a fight or an attack for that matter.

    My lawyer worked for the DA for a long time and said looking at my injuries from his experience working in the DA it is obvious I was beaten while on the ground and police are REQUIRED to charge based on what each victim is telling them. He told the police this as well. I hired him to help me see justice, I did not hire him because I was scared of my charges. I asked for his help because the police are not helping me. The police know this girl's husband personally. If you believe Cops are not corrupt that's sad.

    Trespassing what ever fine they can charge me for not leaving the property. but they CANNOT in the state of PA use excessive force unless they were in immediate threat of themselves to remove me. SHE ASSUALTED me.

    Also the police were not going to charge me with anything unless I wanted to press charges against her obviously they did not feel I did something so severe that they would charge but only because I have wanted to press charges on her.

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