How should I proceed in a potential assault and battery case? 4 Answers as of February 18, 2011

The girl was smoking on an elevated subway, standing right next to me while I was paying for my metro card. I asked her to either step away or put the cigarette out. She started cursing at me, which made me upset and swung my hand towards the cigarette to remove it from her Hanford am not sure at this moment, but may have hit her hand. The cigarette butt fell on the ground and I stamped it out. I got back to paying for my subway card. She had a cue of hot coffee in her hand which she threw on me and hit my neck. She started screaming that I hit her, and to call the police. I had to leave because I was already late for work, and was out most part of the previous week due to a sick son. I do not know if a police case was filed. I do not know much about the woman. How should I proceed?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You should retain an attorney and not talk to the police or anyone about the incident. The police may not be able to locate you even if it was on video surveillance. It is unwise to deal with strangers in the street, you can end up hurt, arrested, or even killed. People are more and more violent today, especially younger people. If you are arrested retain an attorney and talk only to him about your case. Feel free to call for a consultation anytime.
Answer Applies to: New York
Replied: 2/18/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
However,you could file a report with the police for assault of you by her, however since you may have hit er hand she would probably file assault charges against you. Were thee any witnesses ? Also , and perhaps this is the best strategy, is to wait and see if his girl filed criminal charges against you and if so if the prosecutor decides to prosecute you then hire an attorney. Many times after an incident like this the persons involved calm done and if no serious injury usually do not file charges.
Answer Applies to: New York
Replied: 2/17/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
I would say your presentation sounds like a number of rationalizations about your actions. I suspect anyone listening to your view of the incident could likely conclude that you struck the woman's hand knocking out the cigarette and striking her hand. She also more obviously assaulted you with her coffee. However, you have no idea of who she is or where to find her, so that leaves you without much of a chance to have her arrested and prosecuted. The fact is she may have filed a police report against you. For all anyone knows, the police could be looking for you. You may want to consult with an attorney about your rights in that situation. Good luck.
Answer Applies to: New York
Replied: 2/16/2011
Law Offices of Carl Spector
Law Offices of Carl Spector | Carl Spector
At this point there is not too much you can do but wait to see what happens next. If you are contacted by a detective or a police officer you should contact an attorney to represent you to find out what the police want. An attorney can also negotiate a surrender if need be. If you are visited by a police officer or detective regarding this incident do not make any statements at all regarding the facts of the case until you speak with an attorney. Good Luck.
Answer Applies to: New York
Replied: 2/15/2011
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