Legal Recourse For Assault

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If someone attempted to steal your phone and attacked you(so attempted robbery, and battery) and this happened on the bus so there is video footage. Plus you were seen by a doctor. However you didnt see the doctor until * weeks later but the doctor exclaimed you had PTSD and also referred you to see a physical therapist because of back injuries. Would you case likely be taken as a case that would win and would you be able to get money/press charges? How does it work?
Hello ****, it sounds like you've been through a tough situation. Here are some general aspects to consider:
*. Evidence: Your case relies on the available evidence, such as the video footage and medical reports.
*. Criminal Charges: You can report the incident to the police. They will decide if there's enough evidence to prosecute.
*. Civil Suit: You can potentially sue for damages, including medical expenses and emotional distress. Consult a lawyer for personalized advice.
So what are the minimum criteria for the police to decide whether there's enough evidence to prosecute. Are there any other factors considered?
In California, for the police to decide whether there's enough evidence to prosecute, they generally consider:
*. The credibility of the evidence (like video footage).
*. The severity of the crime.
*. The credibility of the witnesses.
*. The suspect's criminal history.
These are some of the factors, but it can vary case by case.
So if it was an attempted robbery, battery, and the perpetrator made verbal threats. And on their record they already had * (battery), *(b)(*) vandalism, and Warrant-warrants or holds only. How would this change the situation and what is specifically meant by credibility of the evidence. Can you extrapolate?
In your situation, the perpetrator's criminal history could make a difference in prosecution. "Credibility of evidence" means how reliable and convincing the evidence is. Video footage and medical reports are typically seen as credible. But remember, the decision is up to the prosecution and varies case by case.
understood. so then there would probably be an issue since i waited * weeks to be seen by a doctor
While it may be a concern, a delay in seeking medical attention doesn't automatically invalidate your case. It's important to have documentation of your injuries, regardless of when you saw the doctor. This evidence, along with the rest, can still support your claim.
so if the only visible injury that was sustained was a black eye, because the other injuries were caused from punches that did not result in bruises however the doctor diagnosed there to be tender areas on back would this typically be taken as credible? Also what would I do if when I had seen the doctor they verbally expressed that its very likely that i had a concussion but that they werent going to do any tests because the contraindications would outweigh verifying the diagnosis but then they did not write that down in the medical documents is that something I should talk to my doctor about to ask to amend?
The credibility of injuries can depend on:
*. The nature of the injury.
*. The doctor's opinion and documentation.
*. The timing of the medical consultation.
If your doctor verbally mentioned a likely concussion, you might want to request that this observation be documented. Always consult an attorney for personalized advice.
in order for the doctor to make a change to a legal medical document like that what is the process or would the adjustment and signing of a doctor stating they missed adding said information be okay?
The process for amending a medical record varies but generally involves:
*. Submitting a written request to the doctor or the medical records department.
*. The doctor reviews your request and decides.
*. If approved, the doctor adds an addendum but the original record remains unchanged.
Always consult with your healthcare provider or an attorney for accurate information.
Who pays for the trial?
In California, if your case goes to trial, costs can be divided:
*. Court Costs: Typically, the state pays for court-related expenses like the judge and court staff.
*. Legal Fees: Parties generally pay for their own attorneys, unless you win and the court orders the other party to pay.
*. Other Costs: You might need to pay for things like expert witnesses, depositions, or copying documents.
Each case is unique, so consult with an attorney.
what are expert witnesses and depositions
Expert witnesses are individuals with specialized knowledge relevant to the case. They provide their expert opinion to support a party's claim. Depositions are sworn testimonies given outside the courtroom, usually during the discovery process. They can be used as evidence in court.
how much is the minimum to the maximum amount one can earn if they(the victim) wins the case based on the details thus far?
The possible financial compensation in a civil suit can vary greatly. Factors include:
*. Medical expenses (past and future)
*. Lost wages
*. Pain and suffering
*. Punitive damages (if applicable)
It's best to consult with a personal injury attorney who can assess your case and estimate potential compensation.
got it and what if the police that took your report kept on misgendering you after you expressed your name, which, **** is typically a male name and you corrected them several times saying that you are male, your sex is male and your gender is male just like how it states it on your drivers license. and then they finish taking your report but then call *-* times back because they forgot to ask question and the last time they say i hope your not offended but we have to ask this for every case but are you a girl or a boy
In California, it's against the law to intentionally misgender someone. If a police officer continues to misgender you after being corrected, you may file a complaint with the police department. It's crucial to document each instance, including date, time, and the officer's name, if possible. You can also consult with an attorney about potential legal recourse.
what happens if the police pick up the case what would be the next form of action taken?
If the police pick up a case in California:
- They'll conduct an investigation.
- If evidence suggests a crime, they may arrest the suspect.
- The case is presented to the District Attorney.
- The DA decides whether to formally charge the suspect.
This is a general process and can vary.
What if the conduct an investigation and evidence suggests a crime, but when they put a warrant out for the suspects arrest, the suspects already in jail for another crime
In California, if a suspect is already in jail for another crime and new evidence suggests they committed a different crime:
- The police can still file a report.
- The District Attorney can file additional charges.
- The suspect may face trial for the new crime while serving their current sentence.
This is a general overview and can vary.
got it and whats the three strikes law and is it still in affect
The Three Strikes law in California mandates a life sentence for offenders who have been convicted of three or more serious or violent felonies. However, after Proposition * was passed in *:
- Only serious or violent third strike can trigger a life sentence.
- Offenders with non-serious, non-violent third strikes could petition for a reduced sentence.
what constitutes a serious or violent third strike
In California, a serious or violent third strike can include crimes such as:
- Murder or attempted murder.
- Sex crimes.
- Robbery.
- Kidnapping.
- Assault with a deadly weapon.
- Any felony punishable by death or life imprisonment.
This is not an exhaustive list and the determination can vary.
is there a limit to how long you can request a doctor to amend a medical report
In California, there isn't a specific time limit to request a doctor amend a medical report. However, it's best to request as soon as possible after noticing an error. The doctor might refuse if too much time has passed. Always document your request and their response.