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What rights do I have if I am the victim in an assault and battery?

Ann Arbor, MI |

I was visiting my mom at when a man came to the door uninvited. When I asked him to leave he lost his temper and bit my face. The police were called and a report was taken. He continued to bother me while I was speaking with the police but he was not arrested. I had to contact the police investigator to press charges. He has now been charged with simple assault and battery 1. His attorney wants to take this to trial which is now 4/9/2012. I have contacted the victims rights advocate who has told me that a subpoena would be sent to me to be at this trial. It is my understanding from my mom's neighbors that this man has been in trouble for assaulting his girlfriend and others in the building. That the housing commission was asked by his family to not kick him out. Can I sue the housing auth?

I have a few more questions: Should I call back the victims rights advocate and make sure they have the names of the witnesses? Should I have anyone write character statements on my behalf? Are there any additional steps I should be taking?

Attorney Answers 5


  1. You do not need to do anything. You as a citizen, cannot prosecute the case. You probably can sue him in small claims court and also seek a restraining order.
    Insufficient amount of facts to guess whether or not you could sue the complex, and stand a chance of winning.
    absent more than a bloody nose and a trampled ego [broken nose, teeth, scars, etc.], this sounds like no more than a very small case.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  2. I do not believe you have a case against the housing authority.


  3. You have the right to appear in court, testify and hopefully justice will be done. You can sue him, however, even if you win your probably not going to collect anything. I do not believe you have a case against the housing authority.


  4. Here is a link to the Washtenaw County Prosecutor's Victim Roghts Handbook: http://www.ewashtenaw.org/government/prosecuting_attorney/VR%20Handbooks

    Sincerely,

    James Regan, LL.M, Esq.
    http://www.defendme.net

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.


  5. You have the right to testify as to what happened and the right to speak at the offender's sentencing if he is convicted. The prosecutor's office/court are required to notify you of the sentencing date. As for witnesses, the prosecutor should have decided who will be called as a witness when he/she wrote the warrant and began preparing for the trial. If you believe that there are witnesses that the prosecutor is not aware of then you should contact the prosecutor's office and make them aware. You won't likely need character witnesses as your character traits for specific acts of violence are not admissable with respect to a self-defense claim and it sounds like the defense to this will be self-defense. Good luck.