If I charge a fellow employee with assault what will happen to him, and how much will a lawyer cost?
I was working 3 days ago and one of my fellow employees shot me with an airsoft gun (shoots plastic pellets). He shot at me about 50 times and I was hit 20 times. I did nothing to make him want to shoot me, he thought it was funny to hurt me. I told him to stop several times but he would tell me to "shut up" and he would continue to shoot me. I finally told him this is harrasment and he stopped but later he shot the witness to my case. Yes I have a witness as well as pictures of the marks all over my body taken at the police station. My boss is pretty much allowing him to keep his job and I am to scared to return to work incase this guy assaults me again. So I am thinking of pressing charges. What will happen to this guy?, he is 21 as am I. Will I get any money to compensate for me not being able to return to work? What should I be ready for if I press charges?
Answers:
.If you were injured while on the job you need to go to a doctor. Tell your boss this bully hurt you and you want to make sure there will be no permanent damage.
Then take the doctors report and your pictures to the D.A.'s Office. You file a complaint, the D.A. decides what to charge your assailant with.
If there is a warrant for assault issued he will be arrested, appear before a court. Most likely will have to put up a bond to get out of jail unless he wants to sit there until he goes to trial.
Sounds as if there may not have been that much damage to you though. You may not be able to file more than an assault charge. But the DA will tell what can be done.
You could look into filing a harassment complaint against him naming your boss as an accessory to the incident. He, the boss, deserves a little attention for not doing something about it.
A compensation attorney might like t hear you story. Many will hear what you have to say at no cost to you, if they feel there is a good case they might want to go after your boss, the company and the Bully.
You have options. Start with the DA's Office. they may refer you to an attorney.
Good Luck with the Bully and his Buddy, the Boss
Why should you care what happens to him and how much it will cost him if you press charges? In my opinion, you need to beat the living snot out of him.
If its a criminal trial, that state has to choose whether or not to pursue it. If you choose to sue him, that's different, and lawyers range generally in the thousands range. Even a small time lawyer could ask for around $3000 for an initial retainer. As for compensation, only if you are unable to return to work. Though you may be able to claim intangible losses, but I doubt it. If you feel that the workplace is hostile, then you need to talk to your boss about it. If your boss doesn't do anything, go above him/her. If no one resolves your problem, then they are liable, and could be sued ... as long as your problem is reasonable, which is sounds like it is.
All in all, don't bother pursuing this in the courts. It is a waste of time and money, and it is doubtful the DA is going to prosecute. Deal with it with your employers, and if they fail to resolve it, and you have exhausted all resources getting them to resolve it, then sue them ... it's more worth your time.
As I understand it, the charge would be battery not assault.
You will need a lawyer and my guess is its going to cost you, out of pocket, at least $20,000 to make anything happen.
Defendants will be the "shooter" AND your employer because the event happened on their premises.
Even if you win, the monetary award is not likely to cover the cost of litigation and the loss of your job.
Do you still want to do it?
The question of whether you can get money depends upon whether the other guy has money. You need to be able to document everything. You went to a doctor afterwards?
What you are describing is battery. If you can prove what you say, you should be able to be awarded compensation and punitive damages and get an order to be left alone.
A lawyer may take such a case on contingency.
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