What can he be charged for? (Sucker punched me)
Senior User
Joined: Jun 2008
Posts: 301
Likes: 0
Not at all familiar with TN law, but I have been a cop in VA for almost 12 years. Assault and Battery would be the criminal charge and you always have civil remedies. If the police decide not to place charges you should be able to do that on your own by going to a magastrate, judge or clerk (again not familiar with TN). Have him charged, go to court and see if the judge orders any restitution for your medical expense. If they don't then file a civil suit against him. Good luck!
Super Moderator
Joined: Apr 2004
Posts: 34,466
Likes: 2,798
If you file/press charges for assault and battery, that will result in an arrest warrant, I would think. Maybe he'll pull the tough guy act and get shot when they pull him over....
As for recovering money and a civil suit: Does this guy work, have a job, a business, any assets other than the slammed Nissan? What is his background? If he goes up for this, does he have priors and will he go to prison for some time?
To recover money in a civil suit, there has to be something to collect from. Persue the criminal actions, research a bit before the civil action.
SOMETIMES the arrest will result in a plea situation wherein he pays the damages and gets a reduced or suspended consequence to his criminal actions. You should get so lucky.
As for going after him, look in the mirror. Are you as low as him? What do you have to lose?
You will probably be billed for the hospital stuff--they aren't going to bill him. That will be a 5 digit + bill, so brace for it.
Good luck. Find a better place to live while you're at it..... (estd, I know....)
As for recovering money and a civil suit: Does this guy work, have a job, a business, any assets other than the slammed Nissan? What is his background? If he goes up for this, does he have priors and will he go to prison for some time?
To recover money in a civil suit, there has to be something to collect from. Persue the criminal actions, research a bit before the civil action.
SOMETIMES the arrest will result in a plea situation wherein he pays the damages and gets a reduced or suspended consequence to his criminal actions. You should get so lucky.
As for going after him, look in the mirror. Are you as low as him? What do you have to lose?
You will probably be billed for the hospital stuff--they aren't going to bill him. That will be a 5 digit + bill, so brace for it.
Good luck. Find a better place to live while you're at it..... (estd, I know....)
MSEE
Joined: Apr 2004
Posts: 10,386
Likes: 35
From: Austin, TX
Man, that makes me angry just reading it! I can't imagine how you must feel! He ran off before you had a chance to do anything! That sucks buddy, I feel for you. My advice, I don't think you should go after him physically now, because since it's after the fact and you could get the cops called on yourself. Since you have the witnesses, I'd press charges and get him that way. I guess it's a lesson learned. Next time a drunk guy comes up to you and says he's going to hit you, I'll bet you won't let it happen again.
Senior User
Joined: Dec 2003
Posts: 153
Likes: 0
From: Saskatoon, Saskatchewan
You're getting (mostly) good advice here. You turned the other cheek, and he punched it, then booked it to get help rather than face you.
Charge him with assault. No goods gonna come of you hunting him down for revenge. If he comes after you, that's another story - sounds like you're ready to defend yourself, if necessary - just keep it to that.
Life's short, and he's on a destructive path. You sound like a easy-going (ie: NOT hair trigger tempered, with a brain in your head) young man with a future. Keep an eye on that future, and don't let anyone talk you into doing something dumb (I don't think you will
)
Posting Guru
Joined: Nov 2006
Posts: 2,140
Likes: 0
From: Louisville,Ky.
I think you mean The 3 Stooges! Curly was a real hard head!
Postmaster
Joined: Sep 2006
Posts: 4,982
Likes: 1
From: Clearwater, Fl
i got no woman or children either, can i tag along for fun...ive been known to drop some haymakers back in the day.....wont charge either
Thread Starter
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Senior User
Joined: Sep 2007
Posts: 499
Likes: 0
victim is more like it. when some one that has always acted friendly starts saying he's going to hit you, will it's hard to take him seriously. espesically when it's out of the blue with no apparent reason. it's perfectly normal to be caught off guard by this outrageous attack. 
If it was a stranger, I would have immediately been on defense. Immediately. Don't doubt that.
And, guys, thanks for the help. OH YES, I forgot, I have insurance until the 24th. I apologize for that MISinformation. Sorry, at least the bills won't be in my hands, period.
You guys have really helped me out. I don't want to sound like a depressed sissy, but it's embarassing having to let my family see me like this. THAT is what hurts me. My 12 yo bro, 17 yo sis, my mom. I feel like I let them down. I know I can say "i'll let the law handle this now', but I don't know what's going to happen if I seem him out in a good spot. I have not went back to the city because I know I'll find him and beat the ****ing **** out of him.
Sorry, started getting too mad. I hate that my family even has to know about this.
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Elder User
Joined: Jul 2003
Posts: 531
Likes: 0
From: North Richland Hills, TX
If you plan on going after him in a civil suit, you better forget about revenge.Once you get your revenge (which should've been right after he clocked you), he's going to see what you did to him in civil court and drag your butt in court and do the same thing.
Logistics Pro
Joined: Nov 2004
Posts: 4,562
Likes: 2
From: Southern MD
I agree with the thought process that he warned you twice.
You were NOT sucker punched.
I also agree with NO REVENGE.
Let the law do their job.
Sign the complaint form and let the LEOs decide what the charges will/might be.
I would (at the very least) think assault/battery or 2nd degree assault would be filed.
He might get off with Probation, or Probation Before Judgement (meaning, he will get probation, and if he does this sort of thing in a given amount of time, say. . . oh. . .6 months, these charges can and will be re-opened and he can be sentenced to jail time).
In my 54+ years, I have learned that IF someone says that they are going to hit me, little bells start 'going off' and my awareness level is at it's peak.
I'm too darned old to start walking around with a fat lip, bloody nose and a black eye.
The only 'downside' to signing the complaint form is that you WILL have to go to court.
You've already lost a friend. Reflect on why.
(You aren't dating his sister, are you???)
You were NOT sucker punched.
I also agree with NO REVENGE.
Let the law do their job.
Sign the complaint form and let the LEOs decide what the charges will/might be.
I would (at the very least) think assault/battery or 2nd degree assault would be filed.
He might get off with Probation, or Probation Before Judgement (meaning, he will get probation, and if he does this sort of thing in a given amount of time, say. . . oh. . .6 months, these charges can and will be re-opened and he can be sentenced to jail time).
In my 54+ years, I have learned that IF someone says that they are going to hit me, little bells start 'going off' and my awareness level is at it's peak.
I'm too darned old to start walking around with a fat lip, bloody nose and a black eye.
The only 'downside' to signing the complaint form is that you WILL have to go to court.
You've already lost a friend. Reflect on why.
(You aren't dating his sister, are you???)
Postmaster
Joined: Sep 2006
Posts: 4,982
Likes: 1
From: Clearwater, Fl
dont worry about being a sissy or anything F what people think anyways, either get him back through charges, or beat the living **** out of him...but you cant have both
but i know how you feel youve probably been running the scenerio through your head a thousand times
pictured your self cruzin down the road,seeing that ******* scumbag walking down the street, you say "hey ***hole,im going to run you over,yeah seriously run you over, you best start running....you drive by him,you open the car door and slam it into him,you hop out and proceed to stomp him"
its all good bro,but sometimes its best not to do what we would like to do.....just sue his ****,that will make him feel good
but i know how you feel youve probably been running the scenerio through your head a thousand times
pictured your self cruzin down the road,seeing that ******* scumbag walking down the street, you say "hey ***hole,im going to run you over,yeah seriously run you over, you best start running....you drive by him,you open the car door and slam it into him,you hop out and proceed to stomp him"
its all good bro,but sometimes its best not to do what we would like to do.....just sue his ****,that will make him feel good
Thread Starter
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Senior User
Joined: Sep 2007
Posts: 499
Likes: 0
All this stress. This incident has happened. I have a DUI to go to court for this 17th... it's building up on me and here I am whining on a god damn truck forum.
Anyone know what happens to a first time DUI person from TN with a 'court appointed' attorney? I am guilty, but do most people just get minimum fines?
Anyone know what happens to a first time DUI person from TN with a 'court appointed' attorney? I am guilty, but do most people just get minimum fines?
Post Fiend
Joined: Jun 2005
Posts: 7,047
Likes: 2
From: North west La
You will get 4 days in jail & lose your license for a yr on a first offense dui in Tn if you failed the breath test. I don't know what the fine is in dollars. We have one of the toughest dui laws in the nation
Posting Guru
Joined: Jun 2007
Posts: 1,724
Likes: 1
From: Butler, IN
If you file/press charges for assault and battery, that will result in an arrest warrant, I would think. Maybe he'll pull the tough guy act and get shot when they pull him over....
As for recovering money and a civil suit: Does this guy work, have a job, a business, any assets other than the slammed Nissan? What is his background? If he goes up for this, does he have priors and will he go to prison for some time?
To recover money in a civil suit, there has to be something to collect from. Persue the criminal actions, research a bit before the civil action.
SOMETIMES the arrest will result in a plea situation wherein he pays the damages and gets a reduced or suspended consequence to his criminal actions. You should get so lucky.
As for going after him, look in the mirror. Are you as low as him? What do you have to lose?
You will probably be billed for the hospital stuff--they aren't going to bill him. That will be a 5 digit + bill, so brace for it.
Good luck. Find a better place to live while you're at it..... (estd, I know....)
As for recovering money and a civil suit: Does this guy work, have a job, a business, any assets other than the slammed Nissan? What is his background? If he goes up for this, does he have priors and will he go to prison for some time?
To recover money in a civil suit, there has to be something to collect from. Persue the criminal actions, research a bit before the civil action.
SOMETIMES the arrest will result in a plea situation wherein he pays the damages and gets a reduced or suspended consequence to his criminal actions. You should get so lucky.
As for going after him, look in the mirror. Are you as low as him? What do you have to lose?
You will probably be billed for the hospital stuff--they aren't going to bill him. That will be a 5 digit + bill, so brace for it.
Good luck. Find a better place to live while you're at it..... (estd, I know....)
Don't worry about the whining, that's what we are here for.
I can see it now....you asking us in the next year..."Know anybody that wants to buy a slammed Nissan? I got it from a "friend"....
