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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16630
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I was found not guilty of battery but convicted of simple assault

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I was found not guilty of battery but convicted of simple assault in 2010 from an incident that occurred in 2009. The plaintiff sued me in civil court for over 1.5M. She settled for 13,500 in Apr. 2013. I feel she extorted money from me because I was convicted and because she was pregnant at the time. This whole case has cost me over $25k. I was accused and charged of something I didn't do. I acted in self defense against her physical actions against me. At trial she did not mention: ANY injuries, medical issues or concerns, and did not mention she had any doctor bills. The officer denied that she ever told him she was in pain, injured, or having contractions. The officer also denied her "new allegations" of me pushing my stroller into her stomach and causing her to fall. He did say she denied medical attention. It was made clear by the judge that there were no injuries. I feel the jury convicted me based off of their emotions because she was pregnant.

In the civil case she claimed she had a difficult delivery, $1000 chiropractic bill, and some arm injury which she could never produce any medical records for.

I settled because I could not afford the financial hardship this was causing my family or the emotional and physical stress. I was forced to pay her to avoid the threat of another trial and additional legal fees. And at the time I felt it was best to pay her to make her go away.

Do I have an extortion case or not?

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

It appears that you are currently offline. Please let me know when you are back online and I will be happy to answer your question.

Customer:

I'm online.

Customer:

I'm not sure if this is the correct website that should answer my question since I just realized its criminal law specific. Since I would be the plaintiff this time if I have a case, I'm not sure how my question fits in.

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am sorry to hear about the unfortunate situation that you had to go through.

Alex Esquire :

I have carefully reviewed your question and the facts you have stated in it and unfortunately, I am afraid I do not have good news for you.

Alex Esquire :

If you were found guilty of a simple battery on this person in the criminal case and the you also voluntarily settled this person's claim in the civil case, there generally would not be any legal option to pursue a legal action against this person for any damages based on alleged extortion.

Alex Esquire :

Does this make sense?

Customer:

I had no choice to settle though.

Alex Esquire :

I completely understand and understand how this might not seem fair, but the law is very clear on the issue and if you had any legal claim against this person, you did have a chance to file a counter-claim against this person in the civil lawsuit that was initially filed against you.

Customer:

She created all this stuff after the fact, so she could get money in a civil case.

Alex Esquire :

I understand, but unfortunately, the time to dispute the alleged claims was during the civil case and the criminal case.

Alex Esquire :

I am sorry to provide you with bad news, but please understand that I do have professional obligation to provide each JustAnswer.com customer with correct information, even if the information is not favorable to the customer.

Alex Esquire :

I also encourage you to consult with a local attorney , who can review your entire situation and all the related documents and facts, but unfortunately, I am afraid based on the limited facts you have provided here, the answer you would get will be similar to the one I provided you with.

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

Right, I understand thank you. I wanted to file a counter but the lawyer I chose did not want to and brought up other things that did concern me if I did. But I'm green in all of this and figured they knew best. I do regret my choice in counsel but what's done is done. Thanks for your time, and I believe this helps me move on.

Alex Esquire :

Once again I am very sorry for what you had to go through and I do wish you the best of luck!

Customer:

What is your thought on filing anything against my homeowners since they didnt defend me.

Alex Esquire :

Homeowner's insurance would not cover any incident / claim based on willful or intentional act.

Alex Esquire :

So I am afraid there would not be a legal claim against the homeowner's insurance under the facts you have described.

Customer:

Even if general negligence was also involved.

Alex Esquire :

correctr

Alex Esquire :

correct

Customer:

Ok, thank you.

Alex Esquire :

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Customer:

Ok, thank you.

Alex Esquire :

Thank you and God bless you!

Customer:

God Bless You.

Alex Esquire :

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Dear Monik,

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.
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