Roy Zipris wrote:
> Here in PA, and I'm speaking as a criminal defense lawyer, this could
> be a simple assault (and possibly an aggravated assault, depending on
> the circumstances), a crime called "recklessly endangering another
> person" and possibly several other charges as well.
>
> The claim that the thrower did not see the cyclist could be a defense
> to the charges, but it does not mean that the alleged act does not fit
> the definitions of those crimes. That likelihood could, however, be a
> factor in the official decision to bring charges or not, although at
> that early stage the authorities wouldn't know that.
>
> To the OP, you might want to look into whether California has a
> "private" charging mechanism, which in PA, is called a "private
> criminal complaint." Regards, Roy Zipris
I think I'll save this after I highlight "... and possibly several
other charges as well" to show to the next defense lawyer who complains
to me that their client has been "overcharged by the State". You darned
PDs are always brutal, man! <g>
Regards,
Bob Hunt