Would being shot with a BB and it being lodged in an arm be considered Assault?

Question

Hi, a few months ago I was shot with a BB gun. At the time I did'nt know that it was stuck inside my arm. Now in August I discovered that it was in my arm. Is it grounds for Sueing someone when I lose feeling. And is it assault?

P.S. I have lost feeling multiple times

Answer 1

if they shot you on purpose, yes it could be sue able.

Answer 2

While the actions of whoever shot you do constitute assault, you may have difficulty pursuing a legal case since you waited to file a complaint. The statute of limitations has doubtlessly expired for you to file a criminal charge with the police, and unless a doctor can provide evidence that it is without a doubt the BB that is causing your problem you may have trouble suing.  

Answer 3

If this action was done on purpose then yes it is assault and should be reported.  If you keep losing feeling like this it isn't good and you should see a doctor as soon as possible.  I am sure that you would not want this feeling to be permanent.  If this was an accident you still should see a doctor .  Just don't wait to long, the longer you wait the more damage it is doing.

Answer 4

Why didn't you report it when you were shot?

They might not take this offense seriously because of that.

Answer 5

Yes.

Answer 6

There are two aspects to this situation that you need to focus on, and which you are missing, which is not unusual because most people don't understand criminal law at its most basic level, let alone what I am about to explain to you. First of all, Assault, as a crime, carries with it strict culpability; that means that there is a definite victim under the law, and a definite perpetrator.  If you do not know who shot you with the BB, then you may as well cut your losses, because the crime lab is not going to spare the expense to trace the ballistics.  Sorry.  If you DO know, then the best idea would be to report them to the police, and tell them EVERYTHING that is true involving your case.  What the perp did by shooting you with a BB constitutes aggravated assault in many jurisdictions. Secondly, assault is a term that is often mistakenly used as a blanket term for all things involving a consummated attack on another person; but this is incorrect, because assault can be charged if you merely speak threatening words to another person.  Secondly--suing someone is a civil matter, not criminal.  A person cannot be arrested or charged with a crime in a civil suit because it is considered a sort of disagreement between two private parties, not involving a breach of contract.  If an assault is alleged, it will go to criminal court, and the person will be tried with the possibility of them losing their liberty, and therefore is subject to all constitutional protections.  The so-called 'statute-of-limitations' is not a degree of cul[pability as so many people believe, as is evidenced by the way they believe that a legal matter will just disappear if it goes past a certain time point--no, a statute of limitations is unique to a jurisdiction, and does not affect the ability of a person to report a crime or the ability of the police to charge that crime, or make arrests. Statute of limitations simply means that the prosecution has so long to move forward with a trial or other legal proceeding, and if they do not, then the defense can make a motion of timeliness in some cases, and the case can be set aside or dropped.  If you were shot with a BB, whether the person did it on purpose or not, is of no consequence to the ability of the law to charge them with a crime.  Suing the person who shot you would only work if the BB is preventing you from living your life to it's fullest, which if it is not, I would suggest letting bygones be bygones; also, suing will only come into play at the time of the perpetrators' arraignment--if he or she pleads 'Nolo Contendere' (No Contest) then they are immune to civil actions pursued agaist them.  And for Mister "statue of limitations," I would like to point out, that the supreme court as well as any body of the court system has determined that the legal limit for the time in which a conviction or charges for bodily injury and/or murder can be pursued is three years in almost every jurisdiction. You may want to check your local laws, but in some states a BB gun (Ohio is one of them) is considere a deadly weapon (although in Ohio, case law sets a precedent that it is when used to bludgeon).    

Answer 7

Yes it's assault. But good luck proving your case after so long. You probably have pretty much no evidence whatsoever. Hate to say that, but it's reality. I'm sorry but seriously good luck.