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Do I have an Assault and Battery Case?

El Monte, CA |

As I was walking to my car, i was called from behind by someone i know and i turned around to wait for him to come and as he got closer he swung a closed fist. I ducked to dodge it and turn around and he proceeded to pursue me and soon gave up the chase. It all happened in a parking lot and im sure 1 of the cameras caught what happened. It happened around 11am on the date of 10/9/13. I didnt call the cops, is it too late to do something about this?

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Attorney answers 5

Posted

Call the police. You may indeed be the victim of an attempted assault or menacing.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Asker

Posted

i can still call the police even if after a day has passed?

Anthony Michael Solis

Anthony Michael Solis

Posted

It is definitely an assault, not attempted. It is an attempted battery.

Posted

You should make a police report related to this incident. Since there could be video footage of the incident which could be deleted or recorded over, you give law enforcement an opportunity to obtain the footage the sooner you report it. You may also need to get a restraining order to protect yourself from future harm, otherwise, you could be placing yourself in unnecessary danger.

Posted

If you weren't hit, it's only an assault, but still a crime. you can certainly report it to the police. Whether your assailant gets charged is up to the DA.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

Asker

Posted

I was hit in the head and arm

Anthony Michael Solis

Anthony Michael Solis

Posted

Ok, assault and battery. Report the crime to the police.

Posted

As a victim, you should never worry about whether it is too late to report a crime. There is no time limit on when a person is allowed to report a crime. The best course of action is to report the crime and let the police and prosecutors worry about whether it is too late to proceed.

Nothing said here shall be construed as legal advice. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. If you require further assistance, please contact an attorney privately.

Posted

No it is not too late. You may want to talk to an attorney before you speak to the police however.

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