My boss tried to grab a book out of my hands and claimed that I assaulted him.

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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