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Can i sue or press charges on someone who shoved (pushed) me?

Astoria, NY |

Pushed me twice, threw my belongings at me, and kicked them off the floor, resulting in me losing one of them. i was emotionally shocked when the police said it's harassment and not assault, and hence nonpunishable by law, and wrote a report and just let him go.
I have a copy of the report and witnesses from inside the restaurant (this happened outside).
So what should i do next time? Just push him back? Or punch him and call it self-defense? Or throw myself on the floor to get an injury and sue him for assault? Or what exactly?

Attorney Answers 3


  1. Harassment is a violation and therefore must be witnessed by the police. I don't see a civil case worth pursuing. Your emotional distress is not actionable without treatment.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. Let the police and the court handle this.
    As far as next time, trey and avoid this person if you possibly can.
    You can also seek an order of protection so this person is supposed to stay away from you.
    What caused all this?

    Law Office Of Michael Marley
    Phone 917 853 4484


  3. Call the victim advocate at the DA's office.

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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