Last night as I was walking my dog on the sidewalk in my neighborhood I passed a house with kids outside. One kid who was visiting the home threw a lit package of fireworks directly at me and my dog. As they exploded, my dog got lose from her harness and took off running. I couldn’t catch her but luckily she didn’t run into the busy street as she ran home. There were several adult witnesses and many intervened yelling at this 16 yr old kid while I went home and called the police. I have heart issues and dog has a heart condition. I returned to the home where this occurred with two police cruisers. The homeowners said they insisted the kid leave and gave the police his name and address. If the kid apologized or showed remorse for almost injurying me or the dog I wouldve let it go. But he got in my face egging me on which I ignored. Neighboring witnesses confirmed my account to police, and several came to my home later to see if both dog and I were ok. The police wanted me to seek medical attention as I had chest pains and couldn’t breath. However, I declined because I knew it was from only being so upset and not truly a medical emergency. Could I pursue assault charges?
You can pursue anything that you want, but it is the cops who decide whether or not to make an arrest and then the state attorney who decides whether or not to file a case.
As to the police, the question for them is whether or not the cops find you and your story compelling and credible enough to act on it. If they do then they will make an arrest; if they do not then they will not.
As for me, I believe that this could ("could") easily be charged as an assault, an aggravated assault and possible even throwing a deadly missile. Further, I believe that if some disrespectful little sh*t had the nerve to do this at all, much less to an adult and an animal and then get in your face and egg you on, well that is a sociopath in training and he needs to be neutered, now, before he (inevitably?) does something even more horrible and tragic.
That said, if no arrest is made then you have 3 choices: 1) Hire a criminal defense lawyer to assist you in either redirecting your allegations to another law enforcement agency or directly to the prosecuting authority, 2) consider retaining a civil lawyer to file a lawsuit or 3) get over it and move on with your life.
Wishing you luck and hoping that I have been helpful in answering your question.
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The police were called and a report made. It will be up to the State Attorney's Office whether or not to proceed.
Assault requires proof of intent. If it was an accident, assault charges not possible.
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