Sunday, February 7, 2010

Sue after found innocent of false charges?

last year a neighbor who had previously almost run over my dogs-3 times- screamed a threat to my wife that he would shoot the dogs if they came out at him again. This happened on an easement road to another neighbors. The next day I approached him as I awited for him in the morning- and told him he had some nerve threatening my wife. He attacked me and a fight pursued. He got the worst of it and ran home and called the police. I was arrested and charged with aggravated battery- a felony- because he is 69 years of age. Anyway- in a couple weeks this will go to trial and I do expect to win as my wife did witness most of the action. My question is can I sue him to recover the $12000 in law fees and emotional distress this has cost me? My clain would be for assault, perjury, and defamtion of character. thanks!Sue after found innocent of false charges?
There is no such thing as being found ';innocent';. A verdict of ';not guilty'; does not mean innocent.





You should have filed assault charges the day he attacked you. That would have given you leverage as you both would have been arrested and charged ... not just you.





You got into a stupid confrontation that resulted in a fight, and now you are paying dearly for it. The second he hit you, your wife should have called 911 and said the neighbor attacked you. He's 69. You could have subdued him instead of beating him up, and his butt would have been arrested, not yours.





Rather than learn your lesson you want to spend more money to sue. Good luck with that.Sue after found innocent of false charges?
He would have had to lie on the stand for a charge of perjury. and as far as defamation of character, that's a hard one. do you own a business and are loosing customers because of this or are you a famous person in your town? Your wife should have called the law when the guy threatened her. and since she is your wife, it's just up to the judge to believe her. I think getting alot of money for emotional distress is going to be hard for you too, going by what you have said.
At this point I would stay away from confrontation and not give a lawyer another penny. What if you lose the next suit?


Stupidity and aggression already cost you $12000 (just being honest here... don't get upset...), so call it an expensive lesson and drop it. Where will it end? If you lose the case can he sue you to then recover his loss? What if you win that one? will you sue him again?





Know when to stop. I would feel the same way as you do, and I support you standing up for your wife. I am just giving you the answer that I hope someone would give me. What is it worth? Stress? aggravation? health? Not worth it my friend trust me ok?





I hope you don't regret any future vacations your lawyer may be ttaking that you pay for.
Get a good lawyer and you can do anything!
Gosh, seems like there would be no problem if you kept your dogs under controll. And you're proud you ';got the best of'; a 69 yr. old man? I think you're causing a lot of your own ';emotional distress'; by your reaction to neighbors.





By the way, you might read up on the feud between the Hatfields and the McCoys... As legends go, the first recorded instance of violence in the feud occurred after an 1878 dispute about the ownership of a hog:
This is America, you can sue for anything.

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