San Francisco, CA asked in Criminal Law for California

Q: I was hit in the head and split open by a large stick in someone's house because We got into an arguemen. I was

After being hit I did not hit back. I replied your lucky it's Me You hit because anyone else would have cracked Your face open for that. He then ran at Me with said large stick and hit me 2 times in the head. I was barely able to receive my belongings while leaving the premises. They won't return My other possessions and business equipment. Can I press charges without getting myself into trouble if He lies and says it was self defense?

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2 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: First, you can't "press charges". Only the District Attorney's (DA) Office can.

In order file criminal charges, the DA needs something to work with such as an investigation by the local police. Did you report the incident to the police? Did you seek immediate medical attention for your injuries? If not and there's been a relatively long period of time since the incident happened (even if only a few days), it is unlikely the DA would press charges unless you have witnesses or other evidence such as video to corroborate your account of what happened that would disprove a claim of self-defense.

You also have the option of filing a civil lawsuit for your injuries as well as the return of your property. If the amount of your personal injury damages and value of your property is less than 10k, you would have to file the lawsuit in Small Claims court.

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

A: MORE INFO IS NEEDED.

DID YOU CALL POLICE? HOW LONG AGO? DID YOU SEE A DOC?

IT'S THE POLICE THAT SUBMIT TO THE DA IF APPROPRIATE..........NOT YOU.

BASED ON THE FACTS, THE DA WOULD ANALYZE WHETHER THEY COULD PROVE THE CASE AND GET A VERDICT AND THAT WOULD DEPEND ON THE SPECIFIC FACTS OF THIS CASE.

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