Criminal Damage

[alyo]

Hi ,

This happened recently
- A man parked INSIDE my driveway without permission (as there are shops nearby) despite there being a NO PARKING sign in my driveway.
- I saw his car and was about to remove one of his tyres before he came.
- He said 'He did it for years' in my area (making it OK to park in my driveway and avoid paying parking fees) and claimed it wasn't his car and was about to drive off.
- Angry I decided to stop him by hitting his car twice with a hammer.
-He runs out of his car violently saying 'that's my car!' Hammer in my hand , with both hands stretched out I say, 'you can't do anything'. He grabs me by the neck. I say"I'm calling the police". He also said I am racist which I vehemently denied.
-The police come and arrest me for criminal damage.
- The man also denies grabbing me by the neck (there are neighbours who can prove this is false). Neighbours can also testify against him for regularly parking in our driveways.
-In the police station, without a lawyer (because I dodn;t realize it was serious), I admit to causing criminal damage (i have never been arrested before) and told them during the interview I that I was not paying for damage to his car. Subsequently, I was charged.
- What will happen now? should i turn up to court. If I say I will pay for the damage , and I don't (as I haven't got any money) what will happen?
- Will I get a criminal record?
- Can I sue the guy for trespassing on private property, for defamtion of character by calling me 'racist' and assault??

[Buenchico]

>>>Will I get a criminal record?

Yes


>>>should i turn up to court

You'd be mad not to because:
(a) the magistrates could issue a warrant for your arrest, meaning that you'd be taken there in handcuffs, probably have to spend hours sitting in the cells and then have your case heard by magistrates who weren't best pleased with you ; or
(b) the case could be heard in your absence, with the magistrates imposing a very large fine because you weren't there to fill in the form declaring your very limited means. (Make sure that you get that form as soon as you arrive at the court building - it's important!)


>>>Can I sue the guy for trespassing on private property

No. As long as they don't intend to steal, don't force entry and don't intend to squat in your home, anyone has the right to enter your land (including your house). You can only sue them if they refuse to leave and/or cause damage. You could sue for parking charges but only if you'd clearly displayed a notice, relating to such charges, before the incident took place.

>>>for defamtion of character by calling me 'racist'

You need tens of thousands of pounds to launch such an action, which you'd risk losing if the court threw the case out.


>>>and assault?

Since the police & CPS seem disinterested in pursuing a criminal case for common assault it's unlikely that a private (criminal) prosecution would succeed. To attempt it would cost you thousands of pounds. The level of physical/psychological injury suffered by you is too low to enable you to claim under the Criminal Injuries Compensation scheme and any civil claim by you would be expensive and time-consuming, perhaps (at best) resulting in £50 compensation (but risking you losing thousands of pounds).

[alyo]

So what will happen to me? The lawyer told me it is strange that I was charged. If I say I will pay for damages, will the charges and criminal record be dropped? IF If I say I will pay and I don't (because the guy isn;t worth it) do i get away with it?

[EDDIE51]

No need for 3 questions , I and Buenchico have answered you on your 2 other posts.