Can I pursue civil and criminal charges against people that assaulted me

Asked about 6 years ago - Ishpeming, MI

Hi there. I'm sure I'm going in the wrong area of people to talk to for help. I was attacked in a private club by folks who rushed in, and were not members. I have enclosed pictures of what these folks have done to me. I will soon be getting the police report. I did press charges, however the DA denied the case, even though there were 10-15 witnesses. I live in area that there aren't many African Americans and I think that is why the DA dropped it. The cops hardly even talked to me. I really felt they didn't care too much about what happened to me. My problem is these folks live within walking distance to the trailer I own. I live in a trailer park, and now they are driving around my park (I informed the police about this), they never been in my park before this incident. I'm afraid to put it plain and simple. I was wondering if there is any kind of funding out there to help me move since the system failed me dearly? Or do you know if there are any other options for me since I can't afford an attorney, and I don't think an attorney would take on this case anyway. Pictures are below. I know this is going to sounds crazy to you but to me it's really important to find help, I just don't want to live in fear anymore. Also I'm lshpeming. Any information or help I'd be truly grateful for.


Picture one is a black eye that isn't too bad, it got worse the next day, picture two, another black eye, picture three is a big scratch and some bruising, picture four is of the same scratch in picture three, picture five is of bruising on my chest, and picture six is bruising from a bite. I didn't take pictures of my other bruises, I figured these were enough.

Attorney answers (3)

  1. Timothy A. Dinan

    Contributor Level 13

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    Lawyer agrees

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    Answered . You can seek restitution under the Michigan Crime Victims Act. That law protects victims and provides for remedies within the criminal court. You have rights to be kept informed of your case's status and you may petition the court for expenses you've incurred as a result of the assault. The act is rather detailed but it does have some limitations. Consult with the prosecuting authority that handled your case.

    You may also pursue a tort action for the intentional torts of assault and battery. I would advise finding a competent injury attorney in your area who can help you place a value on your injury and let you know whether a civil action is viable.

  2. Mark M. Bello

    Contributor Level 10

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    Lawyer agrees

    Answered . Under Michigan law, the club is not responsible for the intentional acts of tresspassers. You could sue the perpetrators for assault and battery if you can identify them, but collectability is a problem. Years ago, Michigan had a "Crime Victims Compensation Fund" that paid a victim for their out of pocket expenses for injuries suffered during the commission of a crime. I don't know if the fund still exists or how to make use of it if it does. I recommend that you call the state of Michigan offices (or go to their website) and ask about it. Or, Google "Michigan Crime Victims Compensation". Good luck.

  3. Matthew Douglas Powell

    Contributor Level 8

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    Lawyer agrees

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    Answered . The answer to your question about bringing a civil claim against the people who attacked you is yes. You can file a civil suit against them for assault, and for battery. These are intentional acts by them, and you are allowed to file suit to recover your damages. You need to check the time limits to bring such an action in your state.

    As far as some sort of Victims Assistance, you need to check with your state. However, I would be surprised if they offer any financial help in a case where charges have not been filed. You may want to ask about having a restraining order entered against the attackers, to have a court order in place so that if they do come to your park, the police will have the authority to arrest them. Usually, you can seek such an injunction without charge. Call the Clerk of the Court in your area and ask them what steps you would need to take to obtain an injunction. If you don't have the ability to pay the normal filing fee, they may have a financial affidavit you can fill out, which will waive the filing fee for the injunction.

    Sadly, if you are in constant fear, bringing a civil suit against your attackers, they may not care about any judgment you may get against them, and they may violate the law, and harass you even more.

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