My boss tried to grab a book out of my hands and claimed that I assaulted him.
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My boss tried to grab a book out of my hands and claimed that I assaulted him.
I’m a truck driver and I had the truck
inspection book in my hands. He lunged for the
book but I protected the book with both hands
because I had my copy of the truck inspection
still in it. He didn’t want me to have it. Once
he released the book, I got my copy and handed
it to him. He went to the police and filed a
police report. Non-aggravated assault. I never
touched him. He committed the action. What do I
do? I don’t want it on my record.
Asked on July 6, 2018 under Criminal Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can't do anything about him having reported it to the police: that is done. However, a police report is not something someone would find unless that person submitted an "OPRA" (Open Public Records Act--your state may call it something different) to this *police* department with enough detail they could quickly or easily locate it (the police do not have to and will not do exhaustive search), such as "reports filed for assaults the week of" whenever it was. It is therefore very unlikely anyone would find the report unless they essentially already know about the incident.
If charges are pressed, you would have to defend yourself in court and convince the court that you did not commit assault--or more accurately, just do enough that the prosecutor is unable to convince a court that there as an assault. (Remember: the burden of proof is on the prosecutor.) But it is unlikely charges will be pressed and if not, as stated above, any report he filed is unlikely to come to light.
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