So, I was assaulted on Sunday...

[laughingfuzzball]

Damn; how does this kind of stuff keep happening to you? Hope your head is okay.

Still, not sure about the self-defense angle; admittedly, I don't know about the US law on that, but in Germany, self-defense is only applicable in case of an unlawful, currently ONGOING attack. While there's no question about the unlawful part, from your report the attack didn't seem to be ongoing. Now, if he'd followed up on his first attack, it'd be self-defense. But since he was simply standing back and gloating, there was no further attack, so you'd be charged with assault, as well - probably a reduced sentence on account of being attacked first, but assault nonetheless.

The correct way to handle this would've been to call the cops, detain him if possible, get his plate number if not, and report him.

In most parts of the US, you can claim self defense if a reasonable person would believe they have the capability and the intent to do you harm. In practice, this can mean anything from having a threatening demeanor (which the fellow clearly had) to having to be given an explicite, literal threat, mostly depending on what the local attitudes are. According to Illinois law at least, the OP was "assaulted" as soon as the hoodlum tried to block his way, but what the law would consider reasonable responses to that are limited and would have mostly just escelated the situation faster than it was already.

[One-Fang]

That's the rule for reading CS post.

He was refering to rule #1 of posting on CS forums. Come on man, get it together

Well actually, rule number one is to not give out personal information. I couldn't find anything in the official site rules about not advocating violence (Raps - maybe it should go in there?).

Now as to whether to press charges and the fear of retribution. Kus, this guy's going down anyway. The cops were already after him, you only helped them catch him. YOU did. YOU helped them catch him. Walk away, press charges, whatever, it won't make a blind bit of difference. He already blames you for being caught. Any retribution he has in mind, is probably already forming in whatever passes for his mind.

So go nuts. Charge the hell outta the bastard. As others have said, does he even know your car? Your description of events doesn't suggest any reason he would.

[MadMike]

I can understand being worried about retaliation, but I think at this point, he's going to blame you for getting him arrested, even if you don't press charges.

I'd go ahead and press charges, and keep him off the streets a little longer.

[LadyMage]

Seeing his behavior re: his girlfriend (what kind of a human being uses someone else for an ashtray?! My GORD....*loss of words save profanity*), and the fact that he didn't hesitate in assaulting you, I say press charges.

I don't know how the law is where you are, but I'm well-versed in NYS Legalese. What he did is aggravated assault, 5-15 years upon conviction.

If it's safety you're worried about, take the following steps:
1. Trade cars with a relative, for a while.
2. Request to the prosecuting attorney that he be remanded as he is posting a credible threat: use his history to support it - the stolen car, domestic abuse, your assault.
3. Request a restraining order if he does make bail.
4. Find out if the stolen car's owner and the girlfriend are pressing charges. Joint filing accelerates a lot of things as the trial is usually held on the earliest date if the lawyers in question file a joint-trial motion.

*strokes legalese hat*

[One-Fang]

1. Trade cars with a relative, for a while.

A relative you don't like?

[LadyMage]

Depending on the car, of course....

*wishes she still had the Volvo POS*

[Kusanagi]

I spoke with the officer today and explained my fears and concerns, and he basically gave me the best possible option.

They already have enough evidence to get the guy behind bars for about ten years if it all holds up, so he said me giving my testimony is purely optional.

However, I WILL need to go to court if he decides he wants to take legal action for dental bills. I'm sure that it will be laughed right out of court, and so is the officer, but if I am summoned I HAVE to attend. Basically, I told him to have the DA give me a call if any of the evidence looks shaky and they need yet another report of assault.

Also, I could have an officer testify in my place if it comes down to that, since I feel threatened.

It doens't look like he's going to make bail but if he does, I'll be the first to know. I mean, a restraining order is nice and all, but they don't really do anything to stop a pissed off violent individual.

ON the plus side, I'm sure his future cellmates will thank me. Less teeth to get in the way...

[SonOfSpam]

I have no patience for wiggers, I'd have done the same. Someone needed to teach that stupid prick a lesson. Don't worry, if I'm ever in you neck of the woods I won't try to haggle

[Tria]

I have no patience for wiggers, I'd have done the same. Someone needed to teach that stupid prick a lesson. Don't worry, if I'm ever in you neck of the woods I won't try to haggle

What's a wigger?

[Kusanagi]

What's a wigger?

A blending of White and a derogative term for blacks. Basically, it's a white person who tries to imitate the worst parts of the black stereotype.

Not being racist, but there's really no other definition.

[ditchdj]

Eminem's a prime example.

[Der Cute]

Kus:

Please, press charges.
Make sure that your incident is on his record, you've pressed charges and are hoping to pile crap on him soooo thick he cant see daylight.

This will help you in the long run so that if he tries this with other people, he will have more charges and so have a longer harder sentence.

If you are apprehensive, please, ask your gut. Gut is smart. It likes pizza. :P
Get a restraining order against him and any friends of his; keep it with you.
In case he's let out early on his sentence, you have a paper trail to bust his behind with if he shows up.

You can take care of yourself, but if you're with Person X or Y or Z, and he shows up, I think having a Restraining Order would be smart.

Cover Thy Arse.

And: Did you write up your incident @ work and hand it into the Manager? Keep it/ copy of police report on file. Have the Manager Have Mr. Butthead trespassed & banned from MALL.
Make sure you also charge Mr. Butthead with all of your concurrent doctor /medical visits. He needs to pay for the damage he did to you.

Yours is free, as I believe "He threw the first punch".

Hope you feel better!

Cute

[RecoveringKinkoid]

I agree with Cutenoob (and many others here). This guy is probably out walking around because nobody has pressed charges on him and made them stick. I can't imagine you are the first person he's roughed up. I just so glad you were able to defend yourself, and prevent him from harming you further.

You will ultimately have to decide what is best for you, but consider this...if you press charges, he will be pissed. If you don't, well, he's still gonna be pissed. Doesn't sound like you have much to lose.

You can get a restraining order, but it won't keep him from approaching you. They are utterly, completely useless as a means to protect yourself. However, if you get one, and he approaches you again, that's something else for him to be charged with, so that's something to consider.

Think of all the people you know he's harmed, and all the ones you don't even know about. I'd say yeah, charges need to be pressed. This fell into your lap for a reason.

Good luck and stay safe.

[allniter]

Woh, are you goint to get in trouble for hitting him? Couldn't he sue now (eventhough it was his fault)?

Luckily he'd first have to find a lawyer willing to take on his case and since the chance of winning if very slim, he'd have to work hard to find one. Plus, this guy could counter sue anyways and more likely be the winner in court.

[Lehk]

Luckily he'd first have to find a lawyer willing to take on his case and since the chance of winning if very slim, he'd have to work hard to find one. Plus, this guy could counter sue anyways and more likely be the winner in court.

another good reason to press charges.

IANAL but i am pretty sure the court conviction against him for assaulting you would make any defense against lawsuits from him a slam dunk + him paying your legal fees