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If I strike (car) someone's crutches, but did not strike their body is it still aggravated assault? Or destruction of property?

Henderson, TX |

I almost hit a guy with my vehicle. HE says I did hit him, while in reality I actually just ran over one of his crutches he was walking with. (Yes, I did get that close to hitting him) The police force is investigating this as an aggravated assault, but shouldn't it be just a destruction of property? I had no intentions of hitting the guy. I just wanted to get close in an attempt to scare/startle him. I understand that I will catch some sort of a charge one way or another, but what are my chances of getting the felony lowered to a misdemeanor? I know I will need a great lawyer, but $ might prove to be an issue. I am a 25 yr old male with a clean record. This will be my first offense, thankfully.

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Attorney answers 4

Best Answer
Posted

The decision of which charges to issue is determined at the discretion of the prosecutor. Depending upon the facts of the case, they choose whether to issue felony charges or not. Those same facts will dictate the strength or weakness of your ability to get a plea. Call a criminal attorney.

Posted

Get a criminal lawyer right away and do not give any statement without first talking with the lawyer.

Posted

Bottom line is that you need to retain a local criminal lawyer to defend any charges.

Posted

You are asking about the issue of issue of transfered intent. Example: I want to hit a person, but thought up a great idea. I get a piece of paper and put it up to a persons head. I punch the paper and the paper hits the persons head, technically not me. Under the law, my intent to harm or injure is transfered to the person who is the ultimate recipient of my punch and I am guilty of battery, not destruction of paper. In your case, vehicular assault is serious. Call a criminal attorney ASAP!

Asker

Posted

I get what you're saying. Thanks for the reply. Hopefully I can prove to the judge that I didn't actually have the intent to harm. It was more of a freak accident. I got too close and his crutch got yanked under my tire.

Asker

Posted

Another detail I don't know if I've mentioned is that the status on the investigation is still "active". It's doubtful that the case gets dropped, but I haven't actually been "charged" with it YET. Only good news on that is that I have a little time to try to round up money for a lawyer.

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