Legal Question in Criminal Law in New Jersey

assault

I would like to know if I should or if I can file for an assault case against a person who used to be my friend. Prior to the incident,he sent me text messages that I insulted him and that he wants me to go in a place where we could fight.I told him no, i dont want to have a fight and that Im sorry if i said sometin wrong, but he insists that if I see I should dodge or run away cause his gonna beat me up.I told him if he touches me Im gonna sue him but he said hes not scared.When I went to my friends house,he went there as well and so I decided to go home but he went outside and attacked me by shoving me so I punched him as my last resort to get away, but I ended up having injuries. I want him to pay for the medical expenses, can i win a case if a sue him knowing that he has the intentions and by actually doing those intentions grounds for assault? can he defend by saying that it was a mutual fight?


Asked on 3/10/06, 3:25 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: assault

Based on what you wrote here what you really need to do is contact the police in the town where this happened and have them file a complaint for assault against this former friend of yours. If the police won't file the complaint, tell them you want to file a citizen's complaint for assault. Good luck.

-Ronald Aronds, Esq.-

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Answered on 3/10/06, 4:36 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: assault

As Mr. Aronds said, your first stop should be the police. I wouldn't wait too long or it might look odd. Depending on your injuries, it may be taken up to the County level and be prosecuted there. If you were not hurt that serious, the case may be sent back to municipal court at which point I would suggest hiring a private attorney to act as a private prosecutor if you really want to have someone on your side. Then, you can turn around and sue after that case is over and it will make your civil case that much easier. A lawyer can further explain this to you.

As far as a mutual fight, it may be a defense, but I need to know more information about the case before I know if its a good defense. You don't have much to lose by filing a criminal complaint anyway.

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Answered on 3/10/06, 5:19 pm


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