Miami, FL asked in Personal Injury and Criminal Law for Florida

Q: Hi while I was sleeping a person stuck a sharpie with the cap in my mouth and started moving it in my mouth.

Could I sue or press charges

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Yes, you were battered, which is a crime and a tort (a wrong for which you may make a claim for money damages). The extent of your injury is a factor as to whether it is the type of case you will be able to get assistance or representation on. Regarding criminal charges, only your local police department can be of assistance. Regarding filing suit against the batterer, an attorney can evaluate the matter to determine if it would be a worthwhile claim. If this happened to be a single incident with no physical injury beyond a few seconds of discomfort, you most likely will not find an attorney willing to represent you. However, in that event, you would have the option of representing yourself in small claims court, which is set up for self-representation - and which may or may not end up being worthwhile. Also, if the batterer continues to touch or stalk you, you can seek an injunction against repeat violence, also called a restraining order, which can lead to his/her arrest if the order is violated.

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