Hit and Run, Assault by a Motorist

My question involves criminal law for the state of: California

Hi. I'll try to keep this brief, but please bear with me...

I crossed an intersection (crosswalk, 4-way stop) and a man on a motorcycle sped and cut me off. I jumped back; had I not, he would have hit me. When I jumped back I also threw an unlit cigarette butt at him (just put it out/still in hand). Not good, I admit, but it was more a reflex (like tapping a car or sticking your hand out when you're crossing in front and it starts moving, to get their attention). I screamed "watch it!" and kept walking.

He turned around, shouting, then DROVE his motorcycle onto the sidewalk through people walking by, sped up, and hit me (with the motorcycle) from behind, pushing me a few feet and slamming me into a parked car. Before I could get my balance, he grabbed me by the throat, slammed me against the car again, shouting/threatening. I was able to walk away/back home, but whether that's because I'm unharmed or adrenaline just kept me alright, I don't know (I'm now starting to feel sore). I then called the police, he rode away, but I got his plate #.

The police seemed sympathetic, but warned me that throwing the cig butt could be used against me (for settlement/court). Again, not a good move, but just a reaction to someone almost running me over (ie: not something I make a habit of). Could that really be used against me to the extent that he wouldn't be considered at fault, or even that I may get in trouble, considering everything above?

Thanks!

Why didn't you call the police at the time?

It doesn't matter that you believe that throwing a cigarette at somebody is "just a reaction". It's not self-defense, and it can be charged as assault or, if you hit him, battery. What the police, I expect, were trying to impress upon you is that with your lack of injury the odds were pretty good that you could both end up charged with misdemeanor battery, and you need to weigh your desire to have him prosecuted against your desire to avoid facing criminal charges yourself.

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Quoting Dogmatique

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Why didn't you call the police at the time?

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I did. As soon as I was able (after he let me go but before he drove off). I'm sorry if that wasn't clear.

Quote:

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Quoting Mr. Knowitall

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It doesn't matter that you believe that throwing a cigarette at somebody is "just a reaction". It's not self-defense, and it can be charged as assault or, if you hit him, battery. What the police, I expect, were trying to impress upon you is that with your lack of injury the odds were pretty good that you could both end up charged with misdemeanor battery, and you need to weigh your desire to have him prosecuted against your desire to avoid facing criminal charges yourself.

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I understand that, and it seems reasonable (as a legality). However, though it wasn't self-defense, it wasn't exactly an attack, either. At no point did I think, "yeah, this little piece of plastic/paper will get him". Bad reaction, but a minor startled reaction, all the same. I think my core question is: would that invalidate his own crime (which WAS deliberate, not just a startled reaction, and very violent, etc...)? I wasn't very injured, but I could have been. How many people walk away from getting smashed into by a motorcycle (going fast enough to push/throw you a few feet - probably further if not for the car)? I can barely stand up today, all adrenaline gone... so maybe I am (have a doctor appointment later, hopefully just expected soreness).

also, thank you. I'm not trying to challenge your point (sorry if it seems like that). I see it and it makes perfect sense, I'm just trying to get an idea (from someone who wouldn't be making money off me, though I'm doing that, too) how this all might stack up. I accept that I'm not in the clear, but if it is sure to turn out as "you flung a 0.01 oz item at him when you were startled by him almost running you over, so therefore he was justified in riding his motorcycle, on the sidewalk and through people, into your back and attacking you" than, while ridiculous and an outrage, it's maybe not worth it.

In theory, you committed a misdemeanor or two. Battery and tossing a substance at a moving vehicle. However, his actions after that would seem to be the far greater offense so I would not be too concerned about it. Provided your accounting is true.