What can I do if I'm being charged by my neighbor with assault and I didn't touch him? 14 Answers as of February 27, 2013

My neighbor claims that I threatened his life. We were having a heated conversation and a lot of things were said, but at no point should he have interpreted that his life was in danger. His son was sleeping with my daughter, who is 17. His son is a punk and rolls with a really nasty crowd. I told him that I wanted his son to stay away from my daughter, and he gave me a lot of resistance.

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Lisa Mulligan Law Offices, LLC
Lisa Mulligan Law Offices, LLC | Lisa Mulligan
How awful! A threat to someone's life is not legally considered an assault in Washington state, but instead a "Harassment." A threat to simply harm is a misdemeanor, and a threat to kill is a felony. However, you should speak with an experienced local attorney to get a better idea of how to defend yourself, since it sounds like there are some important facts on your side that the State may not be aware of.
Answer Applies to: Washington
Replied: 2/27/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Retain a good lawyer and refrain from communicating with him as this will violate the order of protection. You must learn to communicate with others in a calm, non-violent way and avoid threats as people will retaliate with violence, false complaints to the police, or other retribution. His son is not committing a crime as your daughter is at the age of consent. You should have addressed the matter in a oilite way and tried to make an aly, not an enemy. Your best option was to convince your daughter which would have probably been difficult as young people do not take good advice and are at that rebellious age.
Answer Applies to: New York
Replied: 2/18/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Its more likely you will be charged with making terrorist threats if there was not physical contact. That doesn't mean you will be convicted, that's why we have attorneys and courts to determine the truth.
Answer Applies to: California
Replied: 2/11/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Your neighbor, as a civilian, cannot charge you with anything. Only the DA. If neighbor's son is sleeping with your 17 year old daughter and if she is below the age of consent, not sure what state you are in, then report the kid to the cops. She cannot legally consent.
Answer Applies to: California
Replied: 2/10/2013
Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
Is the charge pending in Municipal Court? You would have to speak to the Prosecutor and explain What was going on. Question is does he claim that he was in fear of his safety. If he hit you or made made threats you could file a cross Complaint as a possible strategy in the hope that when you both go to Court he would agree to drop his Complaint if you drop Your case.
Answer Applies to: New Jersey
Replied: 2/8/2013
    Law office of Robert D. Scott | Robert Scott
    It sounds like you need a trial.
    Answer Applies to: Maryland
    Replied: 2/8/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You will need a lawyer to defend you, assault is placing a person in fear of harm, battery is unwanted touching.
    Answer Applies to: Michigan
    Replied: 2/8/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    You should hire a lawyer immediately to help you fight the charges. You have a sympathetic story that most juries would probably not want to convict you for, but you need someone experienced to help you avoid pitfalls.
    Answer Applies to: Utah
    Replied: 2/8/2013
    Hamblin Law Office | Sally Hamblin
    Threat of violence must be used. If that did not occur, you must prove that. Do not talk or confront neighbor while this is pending.
    Answer Applies to: Michigan
    Replied: 2/8/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    In many criminal cases people lie to get somebody in trouble for something they did not do. It would help your case if there are witnesses that could support you but it's not necessary your word against his and ultimately at trial a jury would have to figure out whether there is strong enough evidence to convict .
    Answer Applies to: Colorado
    Replied: 2/8/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    To be guilty of assault, the prosecutor does not need to prove that you actually touched your neighbor. An assault can be completed without any physical contact. PC 240 defines "assault" as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another". If your neighbor claims that you attempted to injure him, you could be guilty of an assault. Depending on what you said to him, you could also be guilty of making criminal threats (PC 422). Obviously, I have no idea what kind of evidence or witness statements the police gathered. Without knowing that, it's impossible to guess how strong of a case they might have against you or what types of defenses might apply. It sounds like you should hire a local criminal defense attorney as soon as possible.
    Answer Applies to: California
    Replied: 2/8/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Your fight is with your daughter, who has reached the age of consent, or with yourself, for living in the neighborhood with a thug. However, you cannot try and intimidate a neighbor. Now IF you are being charged you need an attorney.
    Answer Applies to: Georgia
    Replied: 2/8/2013
    Cook, Skeen & Robinson, LLC
    Cook, Skeen & Robinson, LLC | Shawn H. Robinson
    If you have a lawyer, make sure he/she has your version of what occurred. Give your written version to your lawyer and no one else. Make sure you provide your lawyer with the name, address and telephone number of any witnesses that saw what happened.
    Answer Applies to: Utah
    Replied: 2/8/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You have the right to remain silent, so please exercise your right. The moment you open your mouth, especially to investigators, you will have sealed your own fate, because no matter what you say it will be twisted around to be used agianst you later. It will be hard for them to charge you with anything withput a statement from you. Don't get duped!
    Answer Applies to: California
    Replied: 2/8/2013
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