said i hit her. HEr passenger also said so can i be charged for assault and if so how much time will i get or fines here in texas. WHich in no way did i hit the lady!!!!!!!!!!! And i have no witnesses on my side she on ly has one.
2006-07-29 13:57:07 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I'm unclear as to what you mean when you say she said you hit her. Do you mean she said the accident was your fault or do you mean she accused you of walking up to her and giving her a whack? The reason I'm confused is because you asked whether you could be charged for assault.
Since everyone else answered based on the assumption that you meant you were accused of causing the accident, I'm going to assume you meant she accused of literally assaulting her.
Whether or not you get arrested depends on two things: 1. physical evidence and 2. witness's credibility:
1. Hopefully, the police checked for injuries and reported that he/she didn't see anything to indicate that an assault took place. You should go get a copy of the police report to find out what the officer said.
2. If the woman made the accusation first and then the witness backed her up, the police realize that it's possible the witness said it because he didn't want to stir up trouble for her (for making a false accusation) as well as himself by pissing her off. If the witness made the accusation first, then that would be a different story because most witnesses wouldn't want to be the first to volunteer information about a crime unless it was true.
If the officer didn't find any physical evidence and if the witness's statement isn't very credible, then chances are, nothing will become of it. If there is physical evidence to back up the accusation and if the witness's statement has enough credibility, then yes, you could be charged with assault. I would have know way of knowing the fine and/or punishment because it depends on a whole lot of other stuff (e.g. past criminal record, circumstanaces of the assault, etc.).
In either case, whether she accused you of causing the accident or accused you of assaulting her, there's still the possibility that she'll file a civil suit against you.
2006-07-29 15:49:34 · answer #1 · answered by TrippingJudy 4 · 1⤊ 0⤋
They can tell the evidence by the damage of hte car. But, if you REALLY want to stick it to the lady, PLEAD with the cops, the courts, whatever, that you would take a lie detector test to prove that it was not your fault at all.
Call her bluff. If she says 'Do it', then you do it.
Then, sue her for pain, suffering, false accusations, witness tampering, and the amount you have to pay for the car and, not only that, but if you had to get a rental. Really. This does work! If you know you are in the clear, then you have got nothing to lose.
2006-07-29 14:03:27 · answer #2 · answered by uchaboo 6 · 0⤊ 0⤋
First I would make sure she went to a hosp clinic and got a report that she was examined that she was actually injured. No report no damage. Next I would get a lawyer are challenge her testimony as you do not have a witness and obviously hers is biased to her. Then I would sue for false testimony. If you cannot obtain this report from the hospital, then in court this is a good time for her to show that she was actually "damaged" otherwise she was cooking up lies.
2006-07-29 14:04:15 · answer #3 · answered by agcgartner 6 · 0⤊ 0⤋
You are in need of a good criminal lawyer my friend. At the least, if Texas has this law, you could be guilty of 3rd degree assault, which is a felony. It is basically a shouting law...if your screaming caused her fear for her safety, you could be found guilty. Check out your statutes and if they charged you with assault take the court appointed lawyer, find out his strategy and hire one if you don' like his answers. Good luck and take an anger management class now to show your "repentance".
2006-07-29 14:03:34 · answer #4 · answered by Marshal 3 · 0⤊ 0⤋
They should be able to tell who hit who by the way the vehicles are damaged. That happened to me this cadillac pulled out in front of me then said I hit them. It was their fault and it was proven. So just chill. You may get a fifth degree assault cuz all you have to do there is scare someone but hopefully she won't be that petty. Good luck.
2006-07-29 14:02:09 · answer #5 · answered by Kookie M 5 · 0⤊ 0⤋
Well, you shouldn't have screamed at her. People find it intimidating and when people are intimidated they get scared and act for self-preservation alone.
If you had kept your cool then this probably wouldn't have happened.
Having said that, even if she has a witness , it will be difficult to prove that you actually hit her (especially as it didn't actually happen). Be honest with the cops and in court if it comes to that and hopefully things will turn out ok.
2006-07-29 14:03:36 · answer #6 · answered by Entwined 5 · 0⤊ 0⤋
Jason's probably right. If you get in a car crash, a better reaction might be to become REALLY good friends with them.
EDIT: And don't say anything about the car crash without a lawyer.
2006-07-29 14:02:13 · answer #7 · answered by Anonymous · 0⤊ 0⤋
There's no sense in screaming at someone after an accident.
You can explain the situation to a judge, and if the facts (skid marks, etc) bear out your story, you should get off.
2006-07-29 14:01:26 · answer #8 · answered by Stuart 7 · 0⤊ 0⤋
Dude you're screwed. Maybe not, have both of them take a lie detector test. If you are telling the truth, it will come out. If they refuse the test, that's just as good. If you are lying you won't even ask them to take the test. Voila!
2006-07-29 14:03:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You may have to battle whether u hit her or not, out in court. Once you win you may be able to sue her.
2006-07-29 14:00:43 · answer #10 · answered by Anonymous · 0⤊ 0⤋