Legal Question in Criminal Law in Georgia

Assaulted

I was physically assaulted bt a female neighbor. I was taken by ambulance to the ER. My ''chin'' required 5 sutures to close the laceration she produced. The police were called and she was taken to jail. Her case was transferred to to a different ??. My question(s) to you are: can I inforce my medical bills to be paid by the above mentioned party? Also, what are my rights? Can I press for additional maximum charges? She is illegal and is wanted by another jurisdiction for other ''Shady'' activity.


Asked on 11/21/05, 1:41 am

1 Answer from Attorneys

Billy Tomlinson Tomlinson & Associates, LLC

Re: Assaulted

Your question involves several different sections. The first, it sounds as if her case were transferred from a recorder's/municipal/city court to the superior court. This is due to the fact that the situation that you describe would be a felony. Superior courts are the only courts that handle felony charges.

Second, you have a civil right of action against this person for your damages. This is one route to have her pay for your medical bills. The other is that most courts have a "victim's assistance/services" division of the local prosecutor's office. You should contact this division and they will most likely ask you for a copy of your medical bills. If the person is covicted then the court MAY order her to pay restitution to you in the amount of your medical bills. However, this will be on down the road so you will have to pay them yourself upfront unless you have health insurance that will pay them.

Third, the prosecutor makes the determination and decision as to how far to push the charges in this matter. Once the person is appropriately charged, if she is found guilty, the penalty portion becomes solely up to the judge.

Fourth, if you are saying the person is an illegal immigrant then you will most likely never see this person stand trial or recieve any money since they will most likely leave.

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Answered on 11/21/05, 7:25 am


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