Mount Royal, NJ asked in Criminal Law for New Jersey

Q: Hi my husband was very drunk an in a bar fight in which, him and the other guy was arguing at first for about an hour or

2 the guy walked in back of him and my husband sort of back kicked him but did not make contact he turne to look at the guy and the guy repeadly punched my husband in his face and head , his neck fracturing his nose fracturing his cheekbone 2 black eyes swollen on whole face needless to say the guy did damage and he was also wearing motorcycle (exp.skull ) rings on every finger on both hands , the rings that are usually worn by bikers in case they brawl my husband was unable to fight back , now my question can my husband file charges against this guy even thou the cops say that my husband started it by kicking his leg back at the guy , and 2 can this guy be charged with using his spiky rings as a weapon?

Related Topics:
1 Lawyer Answer
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Yes you can ask the police or prosecutor to file charges, but he would have a good defense which is self defense since he did not make the first contact.

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.