Rancho Cucamonga, CA asked in Personal Injury for California

Q: If my roommate threatens my girlfriend and then tells me to fight him and i punch him in the face, can he press charges

Related Topics:
3 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: The District Attorney decides whether or not to file charges, not your roommate. Your roommate can decide whether or not to make a complaint with the PD. The DA can decide not to prosecute if it determines that there was no crime or you have a valid defense, such as self-defense, or defense of others. That would require an examination of the facts in terms of the exact words, tone and circumstances of the threat, and of his challenge to fight him.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: It's very hard to give an answer to your question without more facts. Mr. Light gave you a very good answer on all the possible scenarios.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: To properly evaluate any legal question a lawyer needs a thorough summary of the facts.

This involves not just your interpretation but what the other side is saying too.

If you are not clear then the lawyer will no doubt be challenged to correctly respond. It is the old adage: “Junk in, junk out”.

On any legal question you should contact a local lawyer and present him/her with ALL the facts. That way your lawyer can talk to the DA or Judge to properly resolve your case.

of course he can press charges but the question is whether the police will arrest and the DA will file. That is a decision for the prosecution not your roommie............

If you punched him you committed a battery unless you had a defense such as defense of others, ie your girlfriend....or self defense

________________________________________

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.