Legal Question in Criminal Law in New York

Assault

My husband was speaking with a neighbor in the neighbors driveway asking him why he was blowing his air horn excessively while passing our house. I should mention that he doesn't even have to pass our house to get to his own, and has been doing this for over a year. Words were yelled, and the neighbor ran into his house and came back with a bat, yelling to my husband to get off of his property. My husband turned around (he was walking our dog) and the neigbor blindsided him with the bat, striking him in the back and in the head, not sure where first. The police are not charging the neighbor with anything, apparently his wife works for a politician. What should our next step be? Shouldn't he be charged with an assault with a deadly weapon. My husband had to have reconstructive surgery on his cheek, and also still has the mark on his back. The detectivev hasn't even come to our house to observe his inuries.


Asked on 3/14/08, 10:15 am

3 Answers from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: Assault

Even if he is not charged, you may have a substantial civil suit (for money) against your neighbor for battery. Consult a lawyer as soon as possible to discuss your options.

Read more
Answered on 3/14/08, 10:25 am

Re: Assault

It sounds like the other person should be charged. A lawyer may be able help pressure the police to act - I would bring in the media if need be. You and your husband may also have a civil case for assault and battery, which carried a 1 year statute of limitations (which will be extended if the man is arrested). Whether to go forward with the suit will depend on whether he has assets to collect from as insurance won't cover the claim because its an intentional act. I've handled these type of cases before and would be happy to discuss your options with you. Feel free to call me.

Read more
Answered on 3/14/08, 10:37 am
Robert Evans Robert S. Evans esq.

Re: Assault

You have a civil action against the neighbor for damages as well as pain and suffering. You may also contact you local District Attorney to report the incident. Please contact my office ,we can assist you with this matter with no out of pocket costs to you.Call @7188340087 or use e-mail

Read more
Answered on 3/14/08, 10:43 am


Related Questions & Answers

More Criminal Law questions and answers in New York