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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23536
Experience:  Active member of the NYS bar since 1989
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Who would i talk to for being assaulted with pepper spray?

Customer Question

who would i talk to for being assaulted with pepper spray?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Fl Pinellas County
JA: Has anything been filed or reported?
Customer: Not by me but the police did come. It was a parking garage Downtown St.Pete
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 21 days ago.
Category: Legal
Expert:  Zoey, JD replied 21 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Are you looking to get criminal charges pressed? Do you know who your assailant is?

Customer: replied 21 days ago.
What are you researching? I didn't give all the details about the situation.
Expert:  Zoey, JD replied 21 days ago.

I'm not researching anything at this point. I asked you additional questions, to which you did not reply. If you haven't seen them, they said:

Are you looking to get criminal charges pressed? Do you know who your assailant is?

Customer: replied 21 days ago.
i need to know my options
I do not personally know them. It was a security guard in a parking garage.
The police was called but no charges were taken
Customer: replied 21 days ago.
There is camera footage showing I was trying to go to my car but the guard wouldn't allow me. He claimed I assaulted him witch the camera shows was not the case. He decided to hit me with pepper spray. My driver was behind me and said the same thing the camera showed.
Expert:  Zoey, JD replied 21 days ago.

You can report the matter to the police and let them know that you want charges to be pressed or, you can contact a civil litigator and see if you have a viable suit to recover your medical expense any injuries you were caused.

When the police came, were you charged with assaulting him, since that is what he claimed happened? Did you take the name of the witness?

Customer: replied 21 days ago.
No i couldnt do anything since my eyes were burning. I was not charged with anything.
Customer: replied 21 days ago.
The only witness that I know of is my roommate that was driving me
Expert:  Zoey, JD replied 21 days ago.

You can go back to the police and let them know that you want to have charges pressed against this person. The state can subpoena the video tape which will show that you did not assault him. Additionally, you had a witness with you who could testify as that his attack on you was unprovoked and that the force was excessive.

Or you could sue the guard and the parking lot for the injury he caused you. For this you would need a civil litigator (trial lawyer) who specializes in personal injury matters and intentional torts. Most civil lawyers in general practice would have experience in this area.