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  1. #1
    Join Date
    Dec 2005
    Location
    San Jose, California
    Posts
    3

    Default Assaulted at a bar

    what happened was...
    I was at a bar last night with some friends. Everything was good and we were about to leave. My friend was taking a long time so I went back in to get him. Then this guy comes up to me, says I was "starting shit" with him when I only walked inside. He punches me three to four times, and keeps trying to fight me even outside the bar. Police came, and pretty much seemed to do nothing! My jaw seems slightly dislocated and I have a missing tooth.
    What are my options? I have a police report and I remember the cops saying something about me having to testify in court against the guy.
    I want to do everything I can against this guy. Please help me.
    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Battery at Bar

    You can probably make a claim for restitution to cover any medical expenses, as part of the criminal proceeding. The prosecutor's office may also have a "victim's rights office" which can explain your rights.

  3. #3
    Join Date
    Dec 2005
    Location
    San Jose, California
    Posts
    3

    Default what if he can't pay?

    I went to the dentist's office today and got an estimate of $4400 for bridges or $8000 for implants.
    What if he can't pay? What happens then?
    And also. after pressing criminal charges, can I sue the guy for inconveniences and other less material losses?
    Again, what happens if I sue and he can't pay?

    Any and all help is greatly appreciated, thank you.

  4. #4
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    Sep 2005
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    98,846

    Default Re: what if he can't pay?

    Quote Quoting skpman
    What if he can't pay? What happens then?
    If he has no money, you can't get blood from a stone.

    Quote Quoting skpman
    And also. after pressing criminal charges, can I sue the guy for inconveniences and other less material losses?
    You can sue him for your economic losses and for pain and suffering. As it is an intentional tort, it is unlikely that there will be any insurance coverage. (You may wish to consult a lawyer about the possibility of bringing an action against the bar, although it seems like a stretch given the facts you have stated.) If you recover restitution through the criminal case, he should get a credit for any amount paid against any civil judgment you obtain.

  5. #5
    Join Date
    Dec 2005
    Location
    San Jose, California
    Posts
    3

    Default after talking to the guy

    He just called me, trying to make a settlement out of court.
    He also sort of threatened me, saying he'll claim his own witnesses, in a tone hinting that he would persuade people to lie for him. It also seems he's friends with the bar owner and the waitress as well.
    He claims he pushed me, then i grabbed his collar, then he punched me. He says the bar owner and waitress witnessed this as well.
    What would you suggest?

    Thank you so much for your expertise advice so far.

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Contact from Batterer

    I personally would contact the police officer who investigated the incident, and describe the contact from the defendant.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    Depending on what was specifically said, the suspect could be charged with attempting to dissuade a witness (you) from providing testimony.

    I agree - contact the police.

    Also, provide copies of the medical information to the SJPD. They will likely ask for a medical release so they can get copies of the original records themselves. Keep in mind that on the night of the assault they may have been investigating what they believed was a misdemeanor battery (per PC 242). with the injuries you decscribe - and the medical records to back it up - you may be the victim of a felony per PC 243.

    Re-contact the police on this one.

    - Carl

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