Re: Knocked on neighbor's door and he knocked me off the por

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Thanks for your reply! :-)

I have told the detective that I wish to prosecute. Is there
any way I can compel the attorney to bring charges. Or, is it
at his discression to decide if charges should be brought?

On 3/14/05, Ozarks Lawyer wrote:
>
>
> If the neighbor gets charged, you won't. The prosecutor is
> not going to want to impeach his own witness and create a
> defense by filing charges on the victim for the exact same
> incident. That's just how it works.
>
> Next time bathe before you visit your neighbor. He will be
> less likely to throw you off their property if you don't
> smell up his entire lawn. Just kidding.
>
>
>
> On 3/14/05, Markus Schneberger wrote:
>> I really need some advice here.
>>
>>
>> Last Thursday night-at about 1 a.m.--I was awoken by a
>> neighbor's loud barking dog. So, I went to his house,
>> walked up his walk (there is no fence or gate) and knocked
>> on the metal part of his storm door. I wanted to ask him
> to
>> quiet his dog.
>>
>> Before I got any words out, he answered his door, came
>> running out and punched me so hard in the chest that I
>> literally fell off his stoop and into his yard. He then
>> told me that if I came back he'd kill me.
>>
>> This is only the second time I've had contact with this
>> neighbor. The first time was in January--at about 2 a.m.--
>> when I went to his house and asked him to please quiet his
>> dog. He was apologitic and got the dog to be quiet.
>>
>> After being hit by him last Thursday, I immediately called
>> the police, and the officer came out and took the
>> information. He then encouraged me to press charges. Then,
>> he went and talked to the neighbor.
>>
>> The neighbor told the police that I was trespassing and
>> that I was so drunk that when he "pushed me" I staggered
>> off his porch. He said he was just protecting his
> property,
>> and that he had told me the last time I came over to not
>> come on his property. Incidentally, I had not been
> drinking
>> but had been sleeping all night.
>>
>> I have a witness who can claim that he never told me to
> not
>> come on his property.
>>
>> I have asked that he be charged with assault and battery.
>> The detective has taken pictures of my wounds and
> forwarded
>> them to the city attorney. However, I'm afraid that the
>> nieghbor will try to have me charged with trespassing or
>> the city attorney won't take my case seriously and say
> only
>> that he feels the neighbor was justified in protecting his
>> property.
>>
>> Help, what should I expect and what should I do so justice
>> is served?
>>
>> Any help would be greatly appreciated.