Punched in the face by acquaintance...

by Linwood
(Norfolk, VA)

A week ago, I was punched in the face without provocation by an acquaintance who appeared to be highly intoxicated and very angry. Because of the incident, I suffered a cut on my face, requiring three stitches. Also, there is other damage to my nose and facial area, as there is numbness and difficulty breathing from my nostril on the side of the injury.

The assailant was recently released from prison and is on probation. He has apologized numerous times and offered to pay for my damages. I filed a police report at the time of the assault, and the officer listed it as a simple assault - a misdemeanor.

After visiting the local E.R., I learned that the injuries were indicative of a felonious assault. I have yet to amend the initial police report...

I do not want to send this man back to prison for probably the rest of his life. However, I DO want him to pay for ALL costs to correct the injuries I suffer. What's the best way to proceed in this regard? Thank you.

Visitor Question:
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ANSWER for "Punched in the face by acquaintance...":

Linwood (Norfolk, VA):

Contact the prosecutor assigned to your assailant's case. Remember, prosecutors represent "The People." You are effectively a client of the prosecutor. It is unlikely the prosecutor will know about the seriousness of your injuries. This is especially true because the case is presently being prosecuted as a misdemeanor.

Whether the case is being prosecuted as a misdemeanor or a felony isn't important at this time. Tell the prosecutor you really don't want your assailant to be incarcerated. Instead, tell the prosecutor you would prefer your assailant receive probation.

Ask the prosecutor to make reimbursing you for all your medical bills a condition of your assailant's probation. That way, the assailant will have to make monthly payments toward your medical bills, medications etc. You will though, have to give the prosecutor an amount certain. The judge won't leave the amount "open."

If the prosecutor (and judge) agree to probation, the monthly amount will be paid by your assailant to the county. The county will then in turn send you whatever amount the judge orders.

If your assailant fails to make his monthly payments, he will be in violation of his probation. Violating his probation can subject him to immediate arrest and incarceration.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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