California Assault and Battery Charges

My question involves criminal law for the state of: California

So here's the story. I was at a party (which is fairly unusual for me but regardless) and had been awake and not eating but rather drinking beer (about 6 of them) until 5 in the morning having a great time. At about this time a gentleman I know started to get in my face about a conversation we had been having earlier (About whether we are friends, to which we aren't and I stated so, yes this sounds childish but I'm fairly certain the alcohol was resulting in some weirdness). The events are mildly fuzzy but here's what I believe occurred.

He would NOT drop the conversation so I slapped him. In response he grabbed my wrists and a struggle ensued which resulted in him getting me on the ground and attempting to pin me on the ground. I took to using every possible thing I could to get him off me because I was terrified. (I'm a girl and my upper body strength is garbage) I proceeded to attempt to choke him and scratch him where ever I could reach. Even lifting his shirt to try and get a better hold. He would not relent. We were yelling at each other, him asking "why aren't we friends" and me saying "why, why are you even asking?" I also attempted to kick him off which actually resulted in some serious damage to my feet. I will lose my toe and I scratched the other toenails and have a gash on my leg. I have additional bruises and carpet burn. I imagine he has bruises on his neck and scratches on his body from me trying to hurt him enough to get him off me. His roommates poked their heads out and when I hurt myself I probably yelled out and I think he realized how out of hand things got and got off of me so I raced into the bathroom, locked myself in, and ran my toe under water.Other than the slap to start the event, I did not really attempt to hurt him until (as I believed at the time because I only remember sheer terror) I was pinned on the ground.

I was so flipped out I phoned the cops because holy hell I do not get into physical fights EVER! During this time the gentleman is yelling at me saying he'll sue me for hurting him if I phone the cops. The officer arrived and actually just took me home. I didn't care or even know what to do. I imagine you have to actually ask for them to take a statement. I don't know.

Here's the question. Will he press charges? If so, to me it seems like he'd lose but perhaps I'm wrong. Yes I slapped him starting the fight, but he literally pinned me on the ground and terrified me to pieces. Should I press charges?

If he presses charges, you are free to press charges as well. You could even press charges first but he may reciprocate. You were the aggressor in the fight and were the one who started it.

It may be best to let sleeping dogs lie.

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Quoting Eurycerus

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He would NOT drop the conversation so I slapped him.

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A violation of PC 242 (Battery), a misdemeanor criminal offense.

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In response he grabbed my wrists and a struggle ensued which resulted in him getting me on the ground and attempting to pin me on the ground.

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So, now he has also arguably engaged in PC 242; or, possibly, self defense since he was grabbing your wrists - perhaps to stop your attack. You could also both be charged with fighting in public (PC 415) another misdemeanor.

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I took to using every possible thing I could to get him off me because I was terrified. (I'm a girl and my upper body strength is garbage) I proceeded to attempt to choke him and scratch him where ever I could reach. Even lifting his shirt to try and get a better hold. He would not relent. We were yelling at each other, him asking "why aren't we friends" and me saying "why, why are you even asking?" I also attempted to kick him off which actually resulted in some serious damage to my feet. I will lose my toe and I scratched the other toenails and have a gash on my leg. I have additional bruises and carpet burn. I imagine he has bruises on his neck and scratches on his body from me trying to hurt him enough to get him off me. His roommates poked their heads out and when I hurt myself I probably yelled out and I think he realized how out of hand things got and got off of me so I raced into the bathroom, locked myself in, and ran my toe under water.Other than the slap to start the event, I did not really attempt to hurt him until (as I believed at the time because I only remember sheer terror) I was pinned on the ground.

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Okay ... sounds like one or both of you need to stop drinking.

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I was so flipped out I phoned the cops because holy hell I do not get into physical fights EVER! During this time the gentleman is yelling at me saying he'll sue me for hurting him if I phone the cops. The officer arrived and actually just took me home. I didn't care or even know what to do. I imagine you have to actually ask for them to take a statement. I don't know.

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If you did not want to be a victim and have them take a report, then they do not have to. Same with him.

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Here's the question. Will he press charges?

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We do not know him, so how can we possibly answer that question!

CAN he make a report and ask that it be forwarded to the DA for charges? Sure. But, if hw were why didn't he do it that night? If he blew it off that night it is less likely that it will suddenly be resurrected.

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If so, to me it seems like he'd lose but perhaps I'm wrong. Yes I slapped him starting the fight, but he literally pinned me on the ground and terrified me to pieces. Should I press charges?

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You don't get a pass because you lost the fight. And, the state will tend to be gender neutral on the issue. You struck first and you can be seen as the primary aggressor as a result.

If you make a report and request charges, expect the charges to come back against both of you as that is very likely. However, that is your call. The same delay in alluded to earlier applies here. If you had wanted him arrested, why not report it that night? The police will ask that question as will the DA. So, be prepared for it.

Thank you very much for your detailed response. Actually it took place in NorCal. I have no interest in pressing charges unless it appears he'd do it again. I was just very scared which is why i phoned the police. Thank you again. I was concerned that I'd appear as the aggressor because of the slap sounds like i was right.

While it is quite possible you'd appear the aggressor, the DA would have to take into account the other party's demeanor and aggressiveness in the equation as well. If he was pressing you back or into a corner, than he might be seen as the aggressor. But, if it is your word against his, and you had both been drinking, it may well be a situation where no one is charged or both are charged.

And the 415 charge would not apply if you were in a residence or other private place not open to the public. So, battery (PC 242) is about all that might be left absent any injury that would require medical treatment.

It was a house so definitely private. No fighting occurred outside. Only him telling at me not to phone the police and me sitting in my vehicle freaking out.