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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102523
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I took an assault charge out on my neighbor for getting up

Resolved Question:

I took an assault charge out on my neighbor for getting up in my face, picking my cell phone, and throwing it at me while sitting in my car. This all started when his doberman started chasing kids as they got off the schoolbus. A week later the incedent reoccurred.
I drove to the end of the driveway to make sure his dog was up, and he flagged me down at the edge of his yard. When I came to a stop, he came up swearing and yelling. As he approached my passenger side window. He reached in, picked up my cell phone, and threw it at at me showing aggressive manner? I had a message he left me prior to the incedent, and had let the Magistrate hear it, but it was accidentally deleted. I know it would help to show the behavior of my neighbor,but is that really going to matter?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

The answer is yes - it would have. It definitely would have helped to show his aggression towards you. However, if the original incident had witnesses and/or you have proof of it via damaged property, then this should still be enough to charge him. Most criminal charges end up being taken care of in a plea deal, anyhow. It is likely that he would end up pleading this out and this would never go to trial.

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