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If you are involved in a violent crime & received 40 stitches and did not break any laws, should the police arrest the attacker?
Anonymous7 views4 answers
Next door to me lives a girl that I had a relationship with off & on for a yr or more. She lives there with her boyfriend. We have been friends for most of our lives. I go to get my phone from her and stay on the porch the entire time because of her boyfriends problems with me. She says she needs a Tylenol so I drive to get 1 for her. Holding the pill in my hand and standing on the porch I hold my hand out to give it to her and her boyfriend steps in front of her and swings his fist at me. I side step and in seconds feel a warm rush over me and see my blood all over my hands. He cut my throat. I run to my car and my friend that road with me calls 911. A centimeter more & I would have bled out. The police did not arrest him because they said I was trying to break in which is false.
James L. StoryCriminal Defense AttorneyCorpus Christi, TX ·
Obviously, based on your facts he should have been arrested and charged with Aggravated Assault with a Deadly Weapon. Apparently, the female did not back up your story or the police would have arrested him. There are many questions that come to mind. Some of them are; where is your blood on the porch? That should locate the site of the confrontation for the police to evaluate. Do you and your friends have any criminal history? The girl and her boyfriend? Are you viewed as a trouble maker in the community? Them? Your friends? It takes a lot for the police not to arrest someone in the situation you describe. There must be something I don't know.
If the police are saying you were trying to break in, you may have a world of hurt coming in the form of burglary of a habitation. You should probably consult with an attorney sooner rather than later.
If the police are not helping you, then I suggest you hire a lawyer to represent you on the assault case in a civil way. Perhaps the evidence that is gathered via the civil lawsuit can be used to help push the cops / prosecutors to charge this guy.
More people could stand on a thimble than live in Lometa, Tx; you are obviously a known entity, so you should contact a lawyer quickly. For the time being, pursuing the criminal action will not get you very far (there are four total police officers, including the chief, who are going to be way more concerned with patrolling the US 84), but a civil lawyer might be able to ask the right questions and poke the right bear. Of course, if you are actually charged with Burglary of a Habitation, that becomes your main priority.
