Can i press charges????????

Question

i was driving home this evening when a man on the side of the road. booted my car with his foot (no damage that i can see of), i stopped the car as i thought he walked into the car, i opened door to see the walked to other side of the road, i asked him if i hit him, and he asked me WHATS YOUR F****** PROBLEM so i then said did you kick my car?. well he started shouting and swearing saying IM GONNA PUNCH YER F**** C**** IN!!!! i called the police and they said we know who it is and thats all,,,,,,, can i press charges for what he has done???????

Answer 1

Hi Zoe,

This person sounds dangerous and is a serious offence waiting to happen, assuming it has not already. If you have witnesses to the incident then yes, most certainly press charges. If he is known to the police for this type of behaviour then he should not be on the streets.(Sounds like another case of care in the community gone wrong.)

Good luck

Answer 2

You can report the offence, but as far as the charge goes, well, that's up to the CPS to decide if there is enough evidence and if it is in the public interest to charge the man.
The thing is, if he didn't leave any damage on your car, then it's not going to be criminal damage, and a breach of the peace is something that is dealt with immediately.
The problem you have is: Firstly you say that he kicked your car with his foot, then you say the reason you stopped the car was because you thought he walked into it. I'm not surprised the police didn't take you seriously as your story wasn't congruent, they may see you exiting your car as a sign of confrontation. If he threatened you with violence then I would try and report the offence of Threatening words/behaviour. Bear in mind, the police who attended the incident may not be available when you report the incident, so it may be difficult to find out who the man actually is, in which case it's what the police would term a L.O.B. I'll let you figure out what that stands for.
Good Luck

Answer 3

Yes, totally.
You have 1: attempted criminal damage, 2: threats to commit harm and if you word your statement correctly 3: disorderly behaviour. Possibly even jaywalking if the Police officer has their head screwed on and is looking for a few brownie points from their bosses.
Hassle the Police officer who attended to follow through your complaint and don't be afraid to tell them you will be asking their Sergeant for updates as to the complaint.
The rozzer who attended has no doubt a hundred things on, most of which are rubbish but unfortunately members of the public demand a lot from them. Your case, with what seems to a be a person known to Police, is worth consideration as if they have done it this time you can put your mortgage on the fact they have done it before and will continue. Bast**ds.
Be friendly with the Officer that attended and you'll find they will be more likely to assist. If they give you some "soft soap" and try to fob you off tell them you will be reporting this to a solicitor and their authorities.
Sounds like the git that kicked your car needs a spell inside and maybe get his a*se stretched by a prison husband to teach him a lesson.
This business about no damage means no offence is rubbish. Does that means that no murder means no attempted murder?
For just about every offence there is an attempted clause. There are others such as no insurance which is an absolute offence, ie either you have or not. No attempt.

Answer 4

Most states allow you to press charges, or do a "citizen's arrest" for what he did. At the least, in my state someone kicking your car would be called disorderly conduct which is someone who does something "which would alarm, provoke or anger a reasonable person".
I have to admit though, some officers aren't really eager to put pen to paper and go through a bunch of "hassle" which after all, is really their job.
You will be required at a minimum in most states to fill out a brief statement of facts called an affidavit, and swear to it. You will also possibly have to sign the complaint, and you will have to go to court and testiify to what happened.
I have found since I left law enforcement after 21 years I miss the ability to simply write a ticket and go, not swear to all the facts, fill out an affidavit, etc.
So, it is a hassle for you, the bad guy and the cops, but I feel it's worth it when someone has such contempt for others. I think the cops are probably familiar with this guy because he has mental issues, and courts are sadly enough generally lenient with these people.

Answer 5

Probably not. I know that's not what you want to hear, but I will explain. Unfortunately, these situations are frustrating as the law is limited.

Had he damaged the vehicle you could press charges for Criminal Mischief. The purpose of a criminal mischief report is to assist you in recovering your losses. The level of the offense is based on your pecuniary loss. If there is no damage, the case can't go anywhere. (Example: toilet papering of houses, egging w/ no paint damage, etc.)

If they really stretched it, a report could have been done for the threat he made to "punch your face in". As for the swearing, it goes back to the sticks and stones rule. There are several issues to consider though... such as... do you feel your safety is in jeopardy, or do you think it was a one time incident and you just happened to be there when he lashed out.

As for the big picture: you say you called PD and they claimed to know who it was right off the bat. If that is the case, the subject is more than likely a transient who they deal with frequently. He may even have a mental disorder. (I'm only speculating based on the info you provided.) With that said, they more than likely deal with him often, meaning he probably goes to jail often for disorderly conduct or public intox. (These are common offenses w/ transients). Also, they couldn't have arrested him on site for the foul language because it's a misdemeanor that didn't occur in the officer's presence.

Hope this all answered your question. Like I said, it is frustrating and no one likes to be treated badly. Unfortunately it happens from time to time.

Answer 6

Are you wanting to press charges for him kicking your car? if so then no you cannot. You cannot prove that he did it nor is there any damage to your car. You can have a report filed but there is nothing for him to be arrested for.

If you are wanting to press charges for what he said to you the answer to that is also no. For that you can also file a report to have it on record but unless you have witnesses or some other kind of proof of what he said then it is your word against his.

I suggest next time something like that happens and you see that no one is hurt and there is no damage to any personal property you go on about your merry way. You don't know who this guy is and the way people are now days someone could shoot you and not think twice about it. You should be happy that this person did not hurt you.

Answer 7

IF she was defending herself then no you can't press charges. Why did she feel threatened by you? I'm sure it wasn't just because you were holding a knife, if that was the case you better get a new gf. I have a feeling you are leaving part of the story out, or you should leave her that she feels fine just walking up and punching you because you have a knife. Clearly you gave her a reason to feel threatened in another way and you are leaving that part out, or you are dating a psycho.

Answer 8

Scotslass, you should never open your car door to talk to strange men who are acting bizarrely. Chances are he was drunk or 'aff his heid' on drugs. If I were you I would consider it a lucky escape that threatening to hit you was all he did! Was he wearing a white shell suit, by any chance? Bottle o' Buckie in his hand? Typical ned by the sounds of it and best forgotten all about as there is no point in charging guys like that.

Answer 9

Not really unless you had a really go lawyer. Basically you have no proof since your car doesnt have damage. And the guy can deny yelling at you. So what are you gonna say to the judge? He didnt actually hurt you or your car as what im saying. So unless you have a good lawyer who can make a case I think you out of luck.

Answer 10

Yes you can, if you are in the United States. Go down to your city police department and file. You will fill out a statement. You were verbally assaulted, physically threathened and your vehicle was struck in a fit of violence. The police said they know who it is, so they will have a hard time not arresting him after you officially file. However, he might be a street person that is special and they don't want to arrest him. He might be harmless, but don't get out and confront the crazies in the future.