Skip to main content

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?

+ Read More

Attorney answers 3

Posted

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.

Asker

Posted

thank you for the quick conscise response. I've come across this: http://ypdcrime.com/penal.law/article240.htm#p240.26 which states: "A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same;" can you please some shed some light on that? I may add what happened was because I am Muslim. Thank you.

Posted

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

Asker

Posted

It's a long story. it was a discussion group having dinner, stepped outside for a smoke, insults turned into shouting, I was going to leave when he became physical and i called the cop. How exactly should I let the court handle this? the police only wrote a report and didn't arrest the guy.

Michael Lewis Marley

Michael Lewis Marley

Posted

You can't force the cops to pinch this idiot. Steer clear of this aggressive troublemaker, I say.

Asker

Posted

thanks. but what can't I get back at him for what he did? he obviously didn't have the right to push me. also what should I do if something similar was to happen in the future? what are my options?

Michael Lewis Marley

Michael Lewis Marley

Posted

This is one of life's indignities, let it go, be the better man or woman in this case

Posted

Call the victim advocate at the DA's office.

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