Visitor Question

My sister’s boyfriend attacked me with a knife…

Submitted By: Angel (San Pedro, CA)

My sister’s boyfriend tried stabbing me with a knife in front of my mom, my sister, and my two nephews inside my mom’s house. Fortunately, he didn’t get to touch me because my mom got in the middle, and kicked him and my sister out of the house.

This incident was caused by my mom receiving the news that she has cancer in the pancreas, and when my sister found out, she came attacking me like crazy, telling me it was my fault our mom has cancer.

Clearly, she was being delusional and not knowing how to handle this news, but she was yelling at me and getting in my face like she wanted to do something, and that is when my sister’s boyfriend came in and tried getting all crazy with me too. All I told him was to take my sister, since she was acting all crazy at the moment.

He got all crazy with me too, grabbed a knife from my mom’s kitchen (where we were at the time of the argument) and pointed it to me, trying to stab me. My mom got in the middle and kicked both of them out, as i mentioned before, and they went outside to call the cops.

Not only did my sister’s boyfriend point a knife at me, but my sister lied to the cops, saying that I used a knife towards her in front of the kids, and that I also pushed the kids. They completely lied about the whole thing. We have a court date on August 19, 2016. I want to sue my sister’s boyfriend for trying to attack me.

My question is: What are my options as far as trying to sue him? I’m not trying to send him to jail (because he has to be there for my nephews), but I want to teach him a lesson and let him know that there are consequences to his actions. I just want to know, what can I do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Angel,

For you to have the basis of a civil personal injury claim against your sister’s boyfriend will require evidence of injury and resulting medical bills. From the facts you present, at this time you have neither.

While you mention the court date on August 19th, you failed to tell us if anyone was arrested, or given a criminal citation to appear in court.

From the facts you present, you, your sister’s boyfriend, or both of you may have been cited or arrested for the crime of assault. In California, like most states, to be convicted of an assault charge does not require a striking or injury. The mere threat of bodily harm can be sufficient for a conviction for criminal assault.

In this case, one or both of you may have pointed a knife at each other. By doing so, one or both of you may have committed an assault, subjecting you to a conviction and jail time.

The applicable California statute is Section 240-248 of which reads in part:

“An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

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

Best of luck,

Published: June 15, 2017

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