Legal Question in Criminal Law in Arizona
Criminal misdemeanor compromise
I was the victim of an assualt by someone who was driving the company truck. He was my ex-girlfriends dad and he punched me in the only eye the I'm able to see with. I have an existing eye disorder where I only see out of my right eye. My eye has not fully recovered from the blow. The defendant has a lawyer who contacted me to ask wether or not I would like to sign a criminal misdemeanor compromise and the defendant would give me $2700 due in restitution.
My question is, Should wait to sue the defendant in Civil Court and not sign the compromise or is it possible just to get ask for $8500 to sign the compromise? And becuase the defendant was driving the compnay truck does that mean that I could go after his employer?
1 Answer from Attorneys
Re: Criminal misdemeanor compromise
Wow what an interesting situation. First of all, under victim's rights, the lawyer should never have contacted you. THat is an ethical question. Secondly, the misd should have nothing to do with the money offered in that one has nothing to do with the other. It is not up to you whether a misd will be offered to him. It is up to the prosecutor anyway,a lthough the pros office will ask you your position and as a victim, you have a right to provide input. I would be cautious of mixing the 2 issues and yes it is possible you could go after the employer. However, typically, the employer will not be vicariously liable for the employee of the employee performed an intentional criminal act. If you have any firther questions, please feel free to email me or contact me at 602-999-5555
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