Bar Fight Assault

My question involves criminal law for the state of: CA

I was recently involved in a bar altercation with another guy there. To give you the background on this my girl friend and I were in a bar drinking with friends and having a good time. The place where we were standing was near steps to go down to a lower area of the bar, the other 2 guys were standing on the steps. The guy made a comment to my girlfriend saying that her fat a** kept bumping into him. We ignored it the 1st time then he said it again and I told him to F off. He started up the steps in an aggressive manor to with his fist clenched. I ended up swinging at him in self defense and punched him in the mouth. We went at it for a couple blows and then the bartender came up and escorted me out the side door. I didn't want any problems so I left and apologized to him. I found out from a friend the next day that the guy lost 2 teeth and was going to press charges. I called the police dept so if there was an outstanding warrant, they looked up my info and said no. I am wondering if they didn't have my information at the time. I am going to call later this week and see if there is anything outstanding warrant wise. There is video of the whole scenario and the police made a report. I spoke with a cop friend of a friend that said to just wait it out until you hear something. They said that the video would show that this guy was coming at me aggressively. This could wreck my whole life, I am not sure what to do at this point. I have never been in trouble and I am in my late 30's professional. any advice?

Quote:

---

Quoting mjsc99

---

He started up the steps in an aggressive manor to with his fist clenched. I ended up swinging at him in self defense and punched him in the mouth.

---

Striking first diminishes any chance that a court will see your action of a preemptive strike (so to speak) as "self defense."

Quote:

---

I found out from a friend the next day that the guy lost 2 teeth and was going to press charges. I called the police dept so if there was an outstanding warrant, they looked up my info and said no.

---

First, the other guy does not "press charges," he would make a report to the police. Since knocking teeth out would constitute at least one and possibly two felony offenses, it would be rather serious.

Do they have your name?

Second, a warrant would take time to obtain so of course there is no warrant.

Quote:

---

There is video of the whole scenario and the police made a report. I spoke with a cop friend of a friend that said to just wait it out until you hear something.

---

Pretty much.

Quote:

---

They said that the video would show that this guy was coming at me aggressively.

---

Okay. But it will also show YOU striking HIM first.

Quote:

---

This could wreck my whole life, I am not sure what to do at this point. I have never been in trouble and I am in my late 30's professional. any advice?

---

If the police come to ask you any questions, politely decline. If they start nosing around more often, consult an attorney.

So this would be a felony case because he lost teeth? They didn't know my name at that time but I am pretty sure that they do now.
I was going to call Thursday to see if something was updated with regards to a warrant.

also would an attorney be able to get a felony dropped to a lesser charge?

Quote:

---

Quoting mjsc99

---

So this would be a felony case because he lost teeth?

---

Yes. It would likely be considered battery with serious bodily injury (PC 243(d)), and possibly might also be mayhem (PC 203) depending on the nature of the injury.

Quote:

---

They didn't know my name at that time but I am pretty sure that they do now.
I was going to call Thursday to see if something was updated with regards to a warrant.

---

If you plan to do that, you might consider engaging an attorney ASAP. It would always be best to have an attorney make such inquiries on your behalf lest you say something that gets you in more trouble.

Unless your county is full of fast writing cops and faster DA's office employees, an arrest warrant might take several days or even weeks to come out if it comes out at all. And usually the police will not submit the matter to the DA unless they have attempted to contact the suspect for a statement. They might send it, but typically they will not. So, a warrant could take weeks if it comes at all. In the meantime, if you call them they will likely start asking twenty questions and you might not want to answer any of them.

Quote:

---

Quoting mjsc99

---

also would an attorney be able to get a felony dropped to a lesser charge?

---

An attorney MIGHT be able to do anything. The state might agree to a plea to a lesser offense if you are charged.

But, sometimes prosecutors just don't deal with bar fights. As my DA put it once on a charge rejection form: "No charges filed. Drunks doing what drunks do."

Thanks, I think I will hold off calling on the warrant. My other question is; can a lawyer get this dropped to a misdeminor? I really appreciate the help

Even if the DA doesn't proceed, it doesn't mean that you can't be sued in CIVIL court for damages.

Quote:

---

Quoting mjsc99

---

Thanks, I think I will hold off calling on the warrant. My other question is; can a lawyer get this dropped to a misdeminor? I really appreciate the help

---

A lawyer can do anything ... or might do nothing. The DA might accept a plea to misdemeanor battery provided you agree to pay all medical expenses of the victim, etc. But, I'm just guessing. Only an attorney you engage and who can read any and all reports will be able to tell you how your local DA might respond to your case and any plea offer.

Quote:

---

Quoting cyjeff

---

Even if the DA doesn't proceed, it doesn't mean that you can't be sued in CIVIL court for damages.

---

There is that!

A claim against you is almost certain if the victim has your name. Even if the other guy is insured, the other company is likely to seek compensation from the bar or from you ... and I guarantee the bar is going to deny any claim as not their responsibility.

Replacing a couple of teeth... pain and suffering...

Should be pricey.

Thanks for all the help, though I am about to have a panic attack......... I hope that the DA doesn't pursue, I'll keep the post updated

I had one last question for you guys, would I ever find out if the DA is not going to pursue? Or would it basically be no contact and it could be out there in limbo.

Quote:

---

Quoting mjsc99

---

Thanks for all the help, though I am about to have a panic attack......... I hope that the DA doesn't pursue, I'll keep the post updated

I had one last question for you guys, would I ever find out if the DA is not going to pursue? Or would it basically be no contact and it could be out there in limbo.

---

Unless you call the DA's office and he says he reviewed it and said he was not going to pursue it, you will never know. The state has three years to bring this charge out, though chances are if they do not pursue it in the next three months it is unlikely to be pursued at all. Ad, you will almost certainly have the cops asking for your side before they send it over to the DA anyway.