Can a person file battery and assault charges in this situation?
Sunday night i purchased an iphone 5 from a friend that asked to borrow 225 dollars. As collateral he gave me the phone ensuring that he could go get the money right away. When he came back he asked for his phone back but no longer had my 225. Monday morning he pulled up outside my house with a pistol on his lap asking me wheres the phone and to get in the car with him. When i refused he pulled off. Later while i was walking my dog and know one was in my home he went inside my home in search of the phone but couldnt find it because i had it with me. Instead he took the charger and box for the phone. Later that day he began to call and send threatening text messages stating that next time he sees me he is going to slap the *** out of me and anyone else. He continued to threaten me via until he eventually stared that he was going to come back to my home to beat me up and if he seen a gun on someone we would see one too. Later he texted me saying he was going to come to my house i asked him nicely three times not to. When he came to my door i stood inside and asked him to leave but he refused. He then began to knock very aggresively on my front door upon opening the door to ask him to leave i felt threatened so i struck him with my hand to get him back. I then went into my home while he stood outside my house with his shirt off making more threats. Later on that day he called me stating that if i did not give him the phone back he would press assault and battery charges on me. Might i add he is 25 and has a history of simple battery charges for beating up his girlfriend and i'm 21 with no record what so ever. Can i be charged or not?
That's a friend? Sounds like a worst nightmare…
Why didn't you have him arrested first…
File a criminal complaint for
1.harassment (for the calls and text messages)
2.brandishing a firearm
3.Assault (for his verbal threats and threats made by text messages)
4.Trespassing
He come and threatened you in your house you could have punched the *** out of him and claimed self defence from what you've written he needs a good punching and his gun taken from him.
A lot of blokes would of rained blows on him instead of giving a small back hander.
Chances are no as you acted in self defense as you fely seriously threatened but you do need to get the local Police in on this before something more seriously happens as you have him on brteaking and entering too plus the threats and whether hes legally in possession of that gun or not will land him in deeper hot water but best to be safe here so call and good luck
I would call the police. Tell them he not only was at your door with a gun, but when you walked the dog he went through your house. Seriously, thats enough for him to be thrown in jail. You should have done that as soon as possible instead of waiting.
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