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What would be the charges filed against these 3 to 4 indivuals and what kind of civil compensation could be sought against them?

2007-01-30 15:33:57 · 9 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

The person in question had to go to ER and had several stitches throughout the face, one cut nearly severed the eye... Lost a good amount of blood as well.. To address what the first answer was.... Thank you for responding tho.. Have a new apperication for police and amublance workers.

2007-01-30 15:47:01 · update #1

9 answers

Assault, but do have witnesses, without, it's you they said , he said..

2007-01-30 15:41:19 · answer #1 · answered by Sgt 524 5 · 1 0

Every state has its own wording for this kind of assault, but here in California we would consider it a violation of PC 245(a)(1) - Assault with a Deadly Weapon (non firearm). The suspects would likely be looking at prison time.

Civil compensation is a whole 'nother animal. Civil court is complex and the amount of compensation you can expect would depend on the exact nature of the injuries - loss of function of an eye is big - how much time was lost from work, what kind of assets the suspects have, etc. You should seek a lawyer. They will be able to you with this part of the question.

2007-02-07 19:53:01 · answer #2 · answered by Harshit S 1 · 0 0

Every state has its own wording for this kind of assault, but here in California we would consider it a violation of PC 245(a)(1) - Assault with a Deadly Weapon (non firearm). The suspects would likely be looking at prison time.

Civil compensation is a whole 'nother animal. Civil court is complex and the amount of compensation you can expect would depend on the exact nature of the injuries - loss of function of an eye is big - how much time was lost from work, what kind of assets the suspects have, etc. You should seek a lawyer. They will be able to you with this part of the question.

2007-01-31 00:31:35 · answer #3 · answered by James P 4 · 1 0

The charge most likely wouldn't be assault, as there was actual physical abuse involved. It would more likely be aggravated battery (since a weapon was used). However, assault could be an additional charge, depending on how the conflict began. Like a previous response mentioned, the actual charge title will vary from state to state.
The civil compensation will also depend on the route taken. Typically, if a party is not found guilty in criminal court, they may still be found liable in civil court (similar to the OJ Simpson trial). Many times both avenues are pursued, but typically people will go through the criminal justice system first. I hope this helps!

2007-01-31 00:12:27 · answer #4 · answered by Anonymous · 1 0

This would be more then an assult and battery. If the individuals dont know anyone. Also depends on the intent has to be defind clearly if the person wanted to hurt the other on purpose. This is a crime when you have an act and intent. The almost part we can throw out since the eyes weren't cute we are looking at what was done. Clearly there were cuts to the face. So this could fall under felonious assult. 750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions.

Sec. 82.

(1) Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 4 years.

(b) Community service for not more than 150 hours.

(c) A fine of not more than $6,000.00.

(3) As used in this section:

(a) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.

(b) “School property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.

(c) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property.

2007-02-07 19:57:41 · answer #5 · answered by Analyzer 1 · 0 0

Different states have different titles for the offenses. Here it would be Aggravated Assault because of the weapons used and the injuries inflicted.

As far as civil suits. . ., you can collect for all medical expenses, all missed work, "pain and suffering", and, depending on the state, punitive damages.

2007-01-31 00:06:44 · answer #6 · answered by Anonymous · 1 0

Aggravated assault. If you were allowed to carry a gun, you would have been justified in using deadly force. Plant one of them in the ground, the rest should get the hint !

2007-01-30 23:46:53 · answer #7 · answered by ? 5 · 1 0

Assault with a deadly weapon.

You can sue, how much you get depends on the jury in the civil trial.

2007-01-30 23:44:06 · answer #8 · answered by Anonymous · 1 0

find a lawyer to hlep you with this....he or she would know the laws of your state.....best of luck

2007-02-07 13:06:23 · answer #9 · answered by mrs_endless 5 · 0 0

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