I was grabbed by the throat by my drunk uncle and he is very strong. Could I press charges, If so for what(assualt,battery,etc.). I would really like to see him go to jail for at least a year because I'm living in fear of him hurting me or my family.
2007-07-27 13:31:54 · 15 answers · asked by grungefan!!! 2 in Politics & Government ➔ Law & Ethics
You dont say how old you are. If you are a minor, they could charge him with child abuse. But it is highly unlikely that he's going to get a year in jail over something like this unless he has a record.
2007-07-27 13:43:36 · answer #1 · answered by Toodeemo 7 · 1⤊ 0⤋
A battery is a harmful or offensive touching of another person w/ intent. An assault is placing someone in fear of an immediate battery. Thus, the throat grabbing is a battery. in order for it to be an assault, you had to see it coming- so unless he grabbed your throat from behind you or while you were sleeping, it's an assault.
2007-07-27 20:41:07 · answer #2 · answered by theWord 5 · 1⤊ 0⤋
The grabbing your throat part was not assault because assault is described as the act of making someone fear physical attack. The act of him hitting you is considered battery. I am guessing you saw this coming, and if you did that would be assault and battery.
I don't know whether you could get him to go to jail for it. Did he leave any marks on your neck? Did he also verbally threaten you? If you are that scared of him you should definitely bring him to court.
Did this happen recently? Because if it did then you might want to get a doctor to examine any bruises that might be on your neck. That way, when you bring him to court, he won't be able to deny it happened since you have the doctor testifying about the marks on your neck.
2007-07-27 20:42:32 · answer #3 · answered by greencoke 5 · 0⤊ 1⤋
Maybe and maybe not. An Assault is an intentional act that places you in imminent fear of death or great bodily harm. If you weren't in fear of either of those, then you can't press charges for Assault. However, you CAN press charges for Battery.
2007-07-27 20:50:23 · answer #4 · answered by cyanne2ak 7 · 1⤊ 0⤋
Yes you can. Although he would probably get out of jail with bail and come looking for you. Any person causing bodily harm to another can be arrested for assault and battery. If he's a mean drunk I would find another way to make him pay. Without you being threatened. Just think on it a while. Peace
2007-07-27 20:37:19 · answer #5 · answered by jacicat 2 · 0⤊ 1⤋
Even if you don't press charges for assault, you can still get a restraining order against him. But do it fast, and preserve the evidence with photos of your throat. Otherwise you will lose credibility with the police. Report it immediately.
2007-07-27 20:40:45 · answer #6 · answered by RE 7 · 1⤊ 0⤋
Yes it is assault and battery and you can press charges! Get some photos of any bruising of your neck as evidence and affidavits of any witnesses. If you are under age it will go against him more so.
2007-07-27 20:37:20 · answer #7 · answered by ? 4 · 1⤊ 0⤋
Yes it is battery, he could go to jail for 2 months for Inflicting Corporal injury on a spouse or cohabitant.
2007-07-27 20:41:21 · answer #8 · answered by tomcatjak 4 · 1⤊ 0⤋
I read an article a few months ago. They had to specially make choking illegal. For some reason it didn't fit under other laws, so people could choke people and not face a charge for it.
2007-07-27 20:40:23 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Definitely Assault and Battery, possibly attempted murder.
2007-07-27 20:35:42 · answer #10 · answered by Anonymous · 1⤊ 1⤋