What You Need to Know About Pressing Charges After a Bar Fight
The aftermath of an assault can be scary, but the law is on your side. Here’s everything you need to know about pressing charges after a bar fight.
What is Assault?
The US Code does not define an “assault”; however, California does. According to the California Penal Code, an assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on another”. Furthermore, the federal code only mentions a fine and specifies the maximum sentence for assault (and every other crime): the details of the punishment for each crime—exactly how long the sentence will be and how much must be paid as a fine—are left to the state legislatures. Therefore, punishments vary.
Simple vs. Aggravated Assault
Assault can be either “simple” or “aggravated.” It is important to understand the difference between the two because the former is a misdemeanor while the latter is a felony and has more severe penalties. If the assault was committed (1) without a dangerous weapon, (2) did not cause serious bodily injury (ranging from concussions and fainting to a long-term impairment of bodily function and death), and (3) the victim is not anyone on this list (section 241 (a)-(c)) or a pregnant woman, it is simple assault; otherwise, it is aggravated assault. Even simple assault becomes aggravated assault if done in conjunction with another crime—robbery, for example.
Related: Assault vs Aggravated Assault: The Difference
The intent is a crucial factor in determining the punishment; in fact, close to two-thirds of assault victims did not report an injury in 2015, highlighting the importance of intent in assault cases. The physical act of causing injury falls under “battery”, and its punishment is lenient in comparison to that of assault. Since intent is so important in punishing assault, the victim should assemble proof of intent to harm in case they were not injured. This is crucial if the victim acted in self-defense because if they didn’t have “reasonable apprehension” of the opposition’s intent to harm, they may also be convicted of assault or more serious crimes.
Punishment
The US Code inflicts punishment on assault proportional to the perpetrator’s intent and the victim’s level of injury. The most relevant punishments are simple assault (up to 6 months and/or a fine), striking, beating, or wounding (up to 1 year in prison and/or a fine), and assault with intent to do bodily harm with a dangerous weapon (up to 10 years in prison and/or a fine).
Who Can You Sue for Injuries from a Bar Fight?
Beyond just suing the attacker based on the aforementioned laws, the victim can also sue the venue of the assault for various crimes. In this case, the victim can sue the bar for negligence and dram shop liability.
When suing the bar for negligence, the victim must prove that:
- The bar had a legal duty to maintain safe conditions for the victim,
- The bar violated said legal duty,
- The victim was injured, and
- It was the bar’s violation that led to the injury.
The victim can also sue through dram shop rules, which make the bar liable for the harmful acts committed by its customers when it negligently served them alcohol although they were already intoxicated. So if the victim was assaulted by a drunk customer (a very common situation in a bar), they can add this charge to their suit.
Although it may be a difficult time for them, the victim must quickly assemble evidence to prove the above. They can learn about the many ways to develop a strong case from their free consultation with a highly competent lawyer from Her Lawyer’s extensive network.
Related: Sexual Assault on College Campuses
Rights of Assault Victims
Victims of assault are lawfully given the right to:
- Be informed of all events happening during the criminal justice process and the benefits and services available,
- A speedy trial,
- Be compensated for damages and apply for victim compensation,
- Be protected from intimidation and harassment,
- Privacy (information given to counselors and other confidential resources is not admissible as evidence without the victim’s consent),
- Competent counsel, and
- Attend and participate in a trial.
Refer to this brochure for resources on information and assistance, including services available to victims.
FAQs About Pressing Charges After a Bar Fight
Can I be reimbursed for damages?
Ans: Yes! You can be compensated for medical fees, lost wages, and counseling (for you and your family members) even if no one was arrested or convicted. However, you must have reported the crime and filed an application for compensation within certain periods; the amount of money you can get is also limited.
Can I also be compensated if I win the case?
Ans: Yes! If the attacker is convicted, the judge may order reimbursement for any damages you attained as a result of the assault. To avail of this benefit, you must submit a victim impact statement outlining all damages and future expenses as a result of the assault.
Can I be reimbursed for legal fees if I sue?
Ans: Yes, but the attorney fees must be related to the crime victim compensation application you hopefully filled out already. Furthermore, only the lesser of $300 or 25% of compensation directly related to the attorney’s services will be provided.
What is the best way I can get help with pressing charges and more?
Ans: The best way to get help with your problems is by utilizing the free consultation that Her Lawyer provides. Not only do you get your questions answered for free, you now have access to competent legal counsel that can help you gain the justice you deserve.
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If you or a loved one would like to learn more about Pressing Charges After a Bar Fight, get your free consultation with one of our Criminal Defense Attorneys today!