Assault question

[JUCHNE1980]

If MAN A is assaulted by MAN B and there is injury and property damage done by MAN B, how much can MAN A make MAN B pay for the damages? Will MAN B have to pay for hospital bills, property damage, court fees, etc.? Wouldn't MAN B be arrested for assault right then and there? {cause he wasn't}
I hope I explained it ok? Thank you. Julie :confused:

[rdp]

Every state is different.......

There are a few exceptions, but state law says we can't arrest for a misdemeanor unless it is committed in our presence. If there is PC, we can do a citizens arrest or submit the case to the DA.

As for the $$, it is a civil issue mainly, but a criminal case does allow for restitution.

[TALLON]

Assault is defined as the threat of injury.
Battery is defined as the unwanted physical contact from one person to another.

If Man B's physical contact with Man A was in fact unwanted, and Man A wished to press such charges. Then Man B should have been arrested for Battery.

As to the damages, that is for a court to decide and not LEOs.

[sorrel]

Did man A press charges ?

And as far as the damages, that would be determined in court, if a case is filed.
The police do not take a person to court for damages, that would have to filed by person assulted.

[JUCHNE1980]

MAN A did press charges and MAN B's warrant wasn't issued until 6 mos later? It seems a bit ridiclous that it took so long to serve the warrant. I was beginning to wonder if MAN B had some friends within the precinct. MAN A was punched when he wasn't looking. MAN A was just trying to calm things down. That is why MAN A wants MAN B to pay. Thanks to all for your answers.

[Ianscape]

Assault is defined as the threat of injury.
Battery is defined as the unwanted physical contact from one person to another.

That depends from state to state. Some states, such as us here in NH do not have Battery charges, they all fall under Assault, and Criminal Threatening would be the "threat of injury".


Juchne, best to contact a lawyer.

[TALLON]

That depends from state to state. Some states, such as us here in NH do not have Battery charges, they all fall under Assault, and Criminal Threatening would be the "threat of injury".


Juchne, best to contact a lawyer.

Agreed, the actual definitions vary from state.

[jess]

Juchne,

Man A might be able to get compensated at least in part for his hospital/medical bills and property damage if he provide proof and all the elements of battery (or whatever it's called in your State) are met. Whether he can get reimbursed for court fees depends; where I'm from he can under certain circumstances...I don't know about Alabama. As for "etc.", I can only speculate what you meant, however in the U.S., usually each party pays for his/her own attorneys' fees, but there are exceptions. I hope that helps a little but of course it is best to contact an Alabama lawyer.

[jess]

Juchne, I was assuming that Man A is in Alabama (?) when I said it's best to contact an Alabama lawyer - since that's where you're from. The edit feature on this site is not working for me today, I can't put in smileys today either. LOL

[JUCHNE1980]

Thanks guys! You are very helpful! ;)