injury was a black eye daffy, but the attacked person was recovering from a heart attack at the time, and was sitting in his car with the window open at the time, so not able to avoid the attack!......
I'm not sure this would even get as far as that Starbuckone. The police may just reprimand the offender if he or she admits they did it. When my daughter was attacked she received a similar injury and the offender got off scot free despite witnesses saying they saw it all.