An injury that requires treatment is legally considered aggravated assault. I was physically forced and my phone was taken from me when I wanted to call 911, I was held by the arm and brought to my knees on hard asphalt and broken beer bottles, resulting in a gash on my right knee and many bruises. This man then sat on top of my hips immobilizing the use of my legs and put his hands around my throat, tossing my head around. He said he would kill me. I grew dizzy, felt blood rushing to my eyeballs and could not breathe. I passed out. I came too and he was bouncing around waving my phone telling me do I want this? I somehow got the strength to pick up my 3 yr old daughter who just watched her mother almost die and run like crazy. I ran barefoot a half mile to the main road and flagged down
flagged down a car and used their phone to call 911, The man who attacked me is my pregnant 17 year old's boyfriend, who had put her in the hospital three weeks before. I was concerned and went to check on her, see if she wanted to go for lunch. He attacked me. He has constantly threatened me, so that I leave them alone. They even called CPS and said I was a drug addict and bad mom, test was negative case was dropped, but still I was told if I turn him in they will make my life a living hell. HELP
Criminal Defense Attorney
Not sure that daughter's boyfriend qualifies as YOUR family member. If you lived in the same house as he did then yes.
Arguably he committed aggravated assault on you when he intentionally forced you down on the broken bottle pieces, but that is a stretch. He definitely interfered with a 911 call - a misdemeanor. If he damaged your phone he committed misdemeanor criminal mischief. Even if you are not a family member I would argue on your behalf that he committed the second degree felony of attempted murder - a bit of a stretch but not absurd. He also committed terroristic threats IF his threats to kill are not considered along with the choking.
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