If someone punched my van can I get arrested for pushing them?

Q: This week I pulled over in a school parking lot to try and figure out my GPS and someone was yelling. This man came out yelling that I had to move, and he punched my new van leaving a dent in it. I pushed him, now the police called me saying I need to come in for an interview. Can they arrest me for pushing him and what can they charge me with and what can I charge him with? (Monroeville, PA)

A: Yes, the police can file charges against you. They could file anything from a misdemeanor Simple Assault down to a summary level Harassment. It is highly advisable that you not discuss what happened with the police. However, you can cooperate in making yourself available to receive charges. Tell them on advice of counsel, you cannot talk to them, but tell them you will accept papers in the mail or turn yourself in if necessary. You also should report this incident to your insurance company. You can ask the police to file criminal mischief charges against him for damaging your van. They may or may not take your charges against him. Police hate to file cross criminal complaints and therefore usually file charges on behalf of the first person who contacts them. This isn’t fair but that is the way it has always been.

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