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  • Question about pressing charges

    A bartender/bouncer was stabbed 15 times by 3 regulars outside the bar after his shift, my female friend took care of him, held pressure on wounds till ambulance came. After that another regular who was friends w. the attackers was talking a lot of crap about how he was going to die and then my friend and the man started fighting, he lunged at her and she smashed his head with pint glass. He said not to charges at the time.

    Can the "victim" of the pint glass attack still press charges (criminal or civil) or ask the state to press charges?

    Thanks

  • #2
    Originally posted by blueberryspies View Post
    A bartender/bouncer was stabbed 15 times by 3 regulars outside the bar after his shift, my female friend took care of him, held pressure on wounds till ambulance came. After that another regular who was friends w. the attackers was talking a lot of crap about how he was going to die and then my friend and the man started fighting, he lunged at her and she smashed his head with pint glass. He said not to charges at the time.

    Can the "victim" of the pint glass attack still press charges (criminal or civil) or ask the state to press charges?

    Thanks
    It wouldnt matter one way or the other here in LA if he said to not 'press charges'.....

    ADW is a felony, and we WILL be making an arrest for it.......the DA may not care either if he doesnt want to pursue the case....the state itself can go forward with the charges
    The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

    "Politicians are like diapers. They need to be changed often and for the same reason"

    "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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    • #3
      If it was a mutual combat situation that evolved into a self-defense issue, your friend should be alright. However, if the fight was precipitated by your friend because of the trash-talking, it may result in charges being filed. Whether the other party wants to press charges or not has nothing to do with it. It is up to the investigating officer(s) and the District Attorney/State's Attorney.
      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

      [George Washington (1732 - 1799)]

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      • #4
        Let's remember that it was a girl smashing a guy with the pint glass after he attacked her. No charges.

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        • #5
          Originally posted by vfm208 View Post
          Let's remember that it was a girl smashing a guy with the pint glass after he attacked her. No charges.
          It wouldnt matter if was a girl or not.....smashing the glass into the other guys head is a felony here.....same as if she stabbed him with a kniife, or shot him.....
          The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

          "Politicians are like diapers. They need to be changed often and for the same reason"

          "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

          Comment


          • #6
            even if the guy was a big, giant wrestler of a dude and the girl was a 5 foot nothing, 110 lb hot-tempered redhead? Differences in sex and disparities in size are ways to articulate use of force, at least in my state. Besides, from the wording of the OP, it sounded like defense to me.

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            • #7
              Originally posted by vfm208 View Post
              Let's remember that it was a girl smashing a guy with the pint glass after he attacked her. No charges.
              I took a girl to jail for smashing a guy's head with a beer bottle...... The sex/age/size might not necessarily have anything to do with what happens: it's all about the totality of circumstances rather then couple separate ones.

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              • #8
                Sex of the attacker is irrelevant. I arrested a 17 year old kid for fighting with a 12 year old. The 17 year olds defense was that the other kid was talking trash. The 17 year old later wanted to also press assault charges on the 12 yo for choking him during the fight.

                !7 yo charged with 3rd degree assault and that was it.

                Comment


                • #9
                  Originally posted by vfm208 View Post
                  even if the guy was a big, giant wrestler of a dude and the girl was a 5 foot nothing, 110 lb hot-tempered redhead? Differences in sex and disparities in size are ways to articulate use of force, at least in my state. Besides, from the wording of the OP, it sounded like defense to me.
                  Unless she can articulate that she was in fear for her life, she is going to jail for ADW......if the bruiser is on top of her, trying to choke her out ect, then she is all good......if all he did was take a swing at her, she isnt.....
                  The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                  "Politicians are like diapers. They need to be changed often and for the same reason"

                  "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

                  Comment


                  • #10
                    Originally posted by vfm208 View Post
                    even if the guy was a big, giant wrestler of a dude and the girl was a 5 foot nothing, 110 lb hot-tempered redhead? Differences in sex and disparities in size are ways to articulate use of force, at least in my state. Besides, from the wording of the OP, it sounded like defense to me.
                    This is why she'd go to jail in CA....talking trash is no excuse to go 10-8 on someone with a pint glass...remember the old saying, "Sticks and stones....?"
                    Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.
                    --Winston Churchill--

                    "Si vis pacem, para bellum"

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                    • #11
                      Does anyone else think it odd that "blueberryspies" posts a question and "vfm208" is offering all of the argument? Seems a bit irregular to me! But, then again, that is just me!
                      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                      [George Washington (1732 - 1799)]

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                      • #12
                        I charged a chick for Assault after she kicked me in the nuts (causing injury).
                        Last edited by reils49; 06-05-2010, 09:08 AM.
                        I make my living on Irish welfare.

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                        • #13
                          Did they swell up like blueberryspies
                          Today's Quote:

                          "The difference between stupidity and genius is that genius has its limits."
                          Albert Einstein

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                          • #14
                            In Florida she'd be fine if he didn't want to press charges. Same thing though... if all he did was "lunge" at her, it'd be aggravated battery with a deadly weapon here. If he didn't want to press charges a report would still be done stating that he did not want to press charges and at the time the report was for information purposes only. If he later decides to come back and press charges, it will go active again, the case would be sent to the state attorney's office, and she'd probably have a warrant.

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                            • #15
                              Originally posted by SaRDep View Post
                              I took a girl to jail for smashing a guy's head with a beer bottle...... The sex/age/size might not necessarily have anything to do with what happens: it's all about the totality of circumstances rather then couple separate ones.
                              Good ole Totality of the Circumstances. Nothing is ever so cut and dried...

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