i was going to my friends house, and as soon as i walked in i got slapped atleast 6 times by a roomate, and he sister, and then me being pissed off retaliated by kicking her mirrors off her car. the next day i got arrested for Malicious Damage of Property, and im considering pressing Assault charges to them both. if i do this can i be able to have her drop our charges so that we can settle it outside of court?
2006-11-13 05:11:33 · 13 answers · asked by spek 1 in Politics & Government ➔ Law Enforcement & Police
Yes you can press charges for harassment 2nd. Being slapped across the face is not assault, unless she slapped you across the face with her closed fist (punched) or a blunt object that caused you physical damage, other then minor bruising.
You can press charges for that, but it is a lesser crime then destruction of property. If you do press charges and then change your mind later, the charges may or may not be dropped. This all depends on if the district attorney feels there is a case. You also can not force her to drop her charges against you. You can request that she does so, and agree to go to civil court, but again the district attorney still may not drop the charges against you.
I believe you should be speaking to a lawyer more about this. If you can not afford one, you will be assigned a public defender.
2006-11-13 05:56:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You should have called the police right after you were slapped because the police have to act on what they observe at the time so there would be marks or redness of the face and yes anytime anyone touches you in a threatening manor it is assault and the parties involved can be arrested you waited too much time unless you have witness as for the mirrors i don't think you have a leg to stand on just have them fixed and pay for it and all will be well again
2006-11-13 08:30:42 · answer #2 · answered by L J 4 · 0⤊ 0⤋
Just offer to pay for the stupid mirrors - you can file assault charges on her, but the other posters are right, it will look like you are just being malicious. YOU are the one who escalated this argument by kicking the mirrors off her car. They were wrong for slapping you, that's for sure, but the lesson you should learn from this is that he who gets the last laugh usually gets the bigger fine.
2006-11-13 06:25:33 · answer #3 · answered by shomechely 3 · 0⤊ 0⤋
You should have filed charges instead of kicking off her mirrors. I hope you have witnesses that will testify for you, because if you report them now, it will look like you are trying to get back at them for pressing charges on you.
Good luck getting out of this mess.
2006-11-13 05:14:48 · answer #4 · answered by startwinkle05 6 · 1⤊ 0⤋
i don't know what your laws are by you, but Assault, where i come from, it don't mater if she wants to drop the charges. once it hits the D.A.'s office, the state takes over.
so before the next time, you are that pissed off that you lose self control. walk away because life will get really ruff on you she is not worth the time of day. you certainly worth more then that
2006-11-13 09:13:03 · answer #5 · answered by tabatha 3 · 0⤊ 0⤋
At least over here, if you decide to involve the police it is then out of your hands. They may decide to pursue it without your help. (they may not win the case, but it may not go away so fast.) In a civil suit you can drop charges but in a criminal case the prosecution (the crown in this country) has to be the one to drop the charges.
2006-11-13 05:15:42 · answer #6 · answered by artimis 4 · 0⤊ 0⤋
Yes you can press charges against her and her friend. (BTW, the charge is battery.) It will be her choice whether or not to drop the charges against you to settle things. You could all end up with fines and/or jail time.
Next time take deep breath, calm down, and think your actions through.
2006-11-13 05:22:14 · answer #7 · answered by Uther Aurelianus 6 · 0⤊ 0⤋
well you might have had a chance to press charges and what not in order to make a point. however, when you chose to immaturely kick her mirrors off of her car, you made yourself the assailant. you dont have a chance in hell. sorry.
2006-11-13 05:16:01 · answer #8 · answered by pain_made_me_beautiful 2 · 0⤊ 0⤋
yes you can press charges it may be hard to prove now days later you should of done it then instead of reacting the way you did
2006-11-13 06:10:26 · answer #9 · answered by Big Daddy R 7 · 0⤊ 0⤋
Yes to both, but she must opt to drop the charges, you cannot force that.
2006-11-13 05:14:10 · answer #10 · answered by gare 5 · 0⤊ 0⤋