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I understand this may be a silly question. But today in

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Hello. I understand this may...
Hello. I understand this may be a silly question. But today in traffic some genius was riding my moms bumper and wound up hitting her. It was bumper to bumper so it was just a light tap. I got out to see if there was any damage and there wasn’t, but proceeded to have a few choice words telling the guy stop driving like an asshole. I didn’t make any threats, or even approach his vehicle. We went our separate ways given that there was no damage. Can I be jailed?
Submitted: 3 months ago.Category: Criminal Law
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Answered in 4 minutes by:
4/4/2018
Criminal Lawyer: LegalPro54, Lawyer replied 3 months ago
LegalPro54
LegalPro54, Lawyer
Category: Criminal Law
Satisfied Customers: 14,395
Experience: I can provide detailed, thoughtful assistance to help you solve your legal problems.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Based on what you have described, no crime occurred. But keep in mind the other party could have a very different story to tell. If they claim that you "brake checked" them, intentionally causing the accident, that could give rise to criminal charges for assault with a deadly weapon or reckless driving. If they claim you made motions threatening physical violence (i.e. came charging at their car with your fists up, that too could give rise to criminal charges for assault as well. If they claim that you left the scene of the accident without providing insurance and did not have their consent to do so, that could give rise to hit and run charges. So, various criminal charges are conceivably possible.

Of course, they could wind up claiming none of these things. You are in a much better position than me to figure out what if anything they might claim. But based on the general situation you describe it would not be a total stretch to imagine these sorts of allegations, and given that you are obviously worried about something enough to post this question, that would reinforce the possibility as well.

I hope this answers your question.

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Customer reply replied 3 months ago
Well, that exasperated my worries. The only reason I posted the question is because I have high anxiety. However, the other individual apologized and Living in NY being charged with assault with a deadly weapon seems very unlikely since THEY hit US from behind, and from my understanding they’re automatically at fault.No this didn’t answer any of my question, I understand your point however anyone could claim what ever they like, they would have to infact prove it beyond a reasonable doubt. Also, I don’t see how they can allege “assault charges” if I have never touched them, at most it would be menecing. I’m sorry, this did not answer my question. Have a good day
Criminal Lawyer: P. Simmons, Lawyer replied 3 months ago
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,483
Experience: 16 yrs. of experience including criminal law.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Different contributor here...are you still looking for an answer to your question?

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Customer reply replied 3 months ago
I am, I understand the 1A well, and I never leveled any threats towards the other party, they are the ones who left at the next exit. I am looking for a practical answer, as anyone can claim any charge they like but they have to prove it. I don’t see any reason or likliehood that anyone would be charged with assault with a deadly weapon, or assault. That seems completely irrational.
Criminal Lawyer: P. Simmons, Lawyer replied 3 months ago

During the exchange, did you use physical force on the other driver (put your hands on them)? OR did you threaten to use force?

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Customer reply replied 3 months ago
Not in the slightest. Let me provide the full story, I do feel more comfortable with you. What happened was we were in bumper to bumper traffic and the other car hit ya in the rear . I got out looked at the vehicle, and motioned to my vehicle where he hit me and all I said was stop driving like an asshole. He nodded and never got out of his car, and made similar hand gestures apologizing. I got back in my car and that was the end of it. They got off at the next exit. NO violence was threatened, no fists were clenched.
Criminal Lawyer: P. Simmons, Lawyer replied 3 months ago

Thanks

THat is NOT a crime. At all. Under NY law, assault is defined as using force against another OR the threat of using force against another immediately (so, for example, if you said "I'm going to kick your A$$"...that could be assault)

But just exchanging choice words? Not a crime.

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Customer reply replied 3 months ago
Thank you sir, that other lawyer had me scared to the dickens. I’ve never been in trouble with the law, this happened at like 4pm we went on our separate ways. Such as “assault with a deadly weapon” Only words were exchanged, well it was me calling the guy an Fn Ahole for hitting my moms car and just shaking it off and getting back in the car. So in all practicality this won’t result in any criminal charges?
Criminal Lawyer: P. Simmons, Lawyer replied 3 months ago

No...no way...the cops have FAR more important things to do with their time...you did not commit a crime...so there will not be a criminal investigation. At all...even if he were to lieto the police, I do no not believe they will investigate.

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Customer reply replied 3 months ago
Thank you sir! Just one more question, if any of the scenarios of the lawyer that responded first played out, wouldn’t they have to be proven such as assault, or assault with a deadly weapon (even though in NY state the person who hits the other from behind is at fault)
Criminal Lawyer: P. Simmons, Lawyer replied 3 months ago

They would have to prove "beyond a reasonable doubt"...that is why they will not investigate this...noway.

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Customer reply replied 3 months ago
what the other lawyer had suggested is not even in the realm of possibility, I could relax? :) I’m
Set to start graduate school this year, I don’t want to be a felon
Criminal Lawyer: P. Simmons, Lawyer replied 3 months ago

Yes...please relax...you will not be charged.

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Customer reply replied 3 months ago
Thank you sir. The likliehood of being charged with leaving a scene is negligible since they’re the ones who left. Also, I can’t be charged with simply getting out of my vehicle that’s not enough for a threat or menecing charge considering they didn’t get out either. Basically I’m fine and I can forget this?:)
Criminal Lawyer: P. Simmons, Lawyer replied 3 months ago

Yes...you are fine and no worries for arrest at this point.

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Customer reply replied 3 months ago
Thank you sir, I wish you could get credit for this than other lawyer. I will certainly request you in the future!
Criminal Lawyer: P. Simmons, Lawyer replied 3 months ago

Yes...if you put in the request "for psimmons" and I will see it. I try and check every day.

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Criminal Lawyer: P. Simmons, Lawyer replied 3 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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