Grants Pass, OR asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for California

Q: If you are involved in what is deemed a mutual combat and you stopped any aggression and walked away and the guy attacks

From behind and breaks my leg and goes off on my head with his feet knees and blows to my face and has to be pulled off then leaves the scene is that a crime and what PC did he violate. I had surgery on broken leg and suffered lacerations needing stiches and a broken eye socket. On an eye I was blind in from glaucoma.

3 Lawyer Answers
Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: you should have hopefully reported it to the police... and if he assets.. sit down with a personal injury lawyer to see if a lawsuit makes sense.

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

A: The answer most lawyers will give when asked a legal question is IT DEPENDS. Unless a lawyer has received all the facts s/he can’t spit out a credible answer. Junk in equals junk out.

Every case is unique, and more information is needed to properly answer your query intelligently. In other words it is usually both case and client specific. did you report to police?

it is a criminal assault and battery at the least and if he used anything, including an umbrella, book etc it could be an assault with a deadly weapon.

I would initially caution you NOT to discuss your case on an open forum like this. You should also not discuss it on any social media.

It is always a good idea to contact a lawyer local to you, that handles these types of cases in the court where you would have to appear. Many lawyers do not charge a consultation fee.

Most Criminal and Accident lawyers will offer a free consultation to review the facts. For other areas of law, many lawyers will bill for a consultation. Try to get a local legal consultation.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an LA case. In those cases, I usually try to refer the potential client to a lawyer more proximate to where this happened.

For a criminal case, success may depend on how the evidence was obtained and the details regarding the stop and arrest, as well as a review of the facts of your case. A lawyer can't promise success any more than a brain surgeon can before surgery.

however, the most important question is can you collect for these injuries. if he had insurance they would NOT cover him for an intentional act. If the DA files, you can ask for Restitution to be made part of the sentence. Of course, you can sue him and go after any assets he has......but a lawyer would not take on a contingency. Thus you might use small claims. Hopefully, you have a police report to support your position.

Good Luck

William John Light
William John Light
Answered
  • Civil Rights Lawyer
  • Riverside, CA
  • Licensed in California

A: Could be battery, attempted murder. Might not be a crime at all depending on all of the facts and circumstances. The police decide whether to arrest and the DA decides what crimes to charge, if any. A civil lawsuit is possible, but this type of conduct is not covered by insurance, so any settlement or judgment would likely have to be paid from his personal assets. That makes any recovery difficult.

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