the first question i would like to ask is: What is the difference between pressing charges and sueing a person?
i was physically assualted early today and i can not find anything on google on the proper legal action to take. thanks in advance for your help.
The police, regardless of whether or not the victim wants to press charges can pursue some charges involving say spousal abuse. Maybe the best way I can say it is this; in some crimes the victim has the option of having the perpetrator arrested, in some cases that choice is left up to the police.
Bringing a suit against someone does not involve the criminal court; rather it goes to the civil court. An example is…OJ. He was found not guilty by a jury of his peers in a criminal court and regardless of what you believe the case to be, under our justice system he should be considered by his fellow citizens as not guilty of the crimes he was charged with. However, he was found guilty in civil court of wrongful death…a true perversion of our system. You can sue anyone for anything at any time. Our poor brothers in Kalifornia know this all too well. A neighbor can sue you because you smoke in your home and by doing so you are callously risking their health. Even though no good scientific evidence has been found to support their case. You can sue because you spilled hot coffee in your lap, even though you should have known better than to put potentially scalding liquid near your boys while driving a car.
Pardon me…I just ranted didn’t I?
If you were assaulted, someone threatened you with harm. If someone hit you that's battery. I would think that would be a case where the police would have the first option in pressing charges. Maybe, if it’s a case of his word against yours thing might be different.
DISCLAIMER! In today’s overly litigious society I must say this…I am not a lawyer, I don’t play one on TV and I didn’t stay at a Holiday Inn Express. In this and all cases involving the law you should contact a legal professional before deciding on a course of action. This tape will self destruct in 60 seconds.
Mark
EDIT...never take financial advice from a poor man, fitness advice from a fat guy or legal advice from a former criminal!
