My question involves criminal law for the state of: Calirfornia.
Recently my friend was involved in a fight with another person and he wanted to know if he should pursue legal action. I'll give the details on what happened to better help:
So me, my friend, and another friend were waiting on another group of people to meet up with us to go eat. When the other group of people arrived, one of the persons said hey to my friend (the driver) then decided it would be funny to start humping his car. My friend, the driver, told him to stop messing around with his car (which is new, so i understand why he was pretty defensive about it). The person humping his car told him to "make me b***h" and kept doing it. The driver then turned the car on and moved the car slightly forward to make the guy humping his car back off. The guy then got mad and told my friend "Do that s**t again and watch me sit on your car, try me," he then proceeded to flash his bottom to us. My friend told him, "If you do that I'm going to sock you out, I'm not playing around." He then drove his car a little forward to try and re-park the car and I guess the person took it as my friend "trying him" and sat, bare bottom, on the hood of his* car. As soon as the person did that, my friend put the car in park and got out and punched the guy. The guy then got mad (as if he didnt just sit on his car with his bum showing), and started shouting, trying to fight the driver.
His friends held the guy back and he kept talking smack to my friend. My friend then tried defending his actions by telling the guy that he warned him not to sit on his car.
After a while of the guy continously talking smack, his friends let him go and he went close to the driver and claiming things like "I will drop you" "you think I'm playing?" and "don't f**k with me because i will have your a** down so fast." My friend seemed pretty calm and told him "I don't see you doing anything," at which point the guy said something like "oh yeah" and tried picking my friends legs up so that he would fall back onto the street. (My friend had knee surgery and was wearing sandals, so it wasn't very hard to drop him.)
After my friend got on his knees to try getting up, the guy started to punch him in the face a lot until my friend was able to get up and grab a hold of him so he wouldn't keep punching.
My friend then told him,"move away from the car if you're gonna keep hitting me," (they were leaning on his car, and he bent the mirror thingy backwards, so i guess thats why he said that). My friend started letting him go and the guy didnt care and kept throwing punches. His friend then came in to keep them away from each other and the guy punched my friend right in the eye, even though my friend already stopped. It sounded really bad, i sounded like he probably hurt his skull or something, I don't know.
After they were kept apart from each other my friend told the guy holding him back to find out if the guy who sat on his car is gonna let it go or if he's gonna keep trying to fight him. The guy then started shouting a bunch of mean, profane things to him and my friend told the guy holding him back, "if he's gonna keep doing this I'm not afraid to sue or do some type of legal s**t." The guy overheard him and said "sue me and watch, by the next morning you won't be alive. You don't f**k with me you b***h."
Anyway, to not give you an entire novel full of details on what happened, i wanted to know if my friend could press charges? I'm pretty sure thats like assault and battery or something. (Plus, the guy knows he had knee surgery so thats really messed up.) I dont know, if anyone could reply with wether or not my friend did the right thing and would be able to press charges, please let me know. Thank you once again!
Recently my friend was involved in a fight with another person and he wanted to know if he should pursue legal action. I'll give the details on what happened to better help:
So me, my friend, and another friend were waiting on another group of people to meet up with us to go eat. When the other group of people arrived, one of the persons said hey to my friend (the driver) then decided it would be funny to start humping his car. My friend, the driver, told him to stop messing around with his car (which is new, so i understand why he was pretty defensive about it). The person humping his car told him to "make me b***h" and kept doing it. The driver then turned the car on and moved the car slightly forward to make the guy humping his car back off. The guy then got mad and told my friend "Do that s**t again and watch me sit on your car, try me," he then proceeded to flash his bottom to us. My friend told him, "If you do that I'm going to sock you out, I'm not playing around." He then drove his car a little forward to try and re-park the car and I guess the person took it as my friend "trying him" and sat, bare bottom, on the hood of his* car. As soon as the person did that, my friend put the car in park and got out and punched the guy. The guy then got mad (as if he didnt just sit on his car with his bum showing), and started shouting, trying to fight the driver.
His friends held the guy back and he kept talking smack to my friend. My friend then tried defending his actions by telling the guy that he warned him not to sit on his car.
After a while of the guy continously talking smack, his friends let him go and he went close to the driver and claiming things like "I will drop you" "you think I'm playing?" and "don't f**k with me because i will have your a** down so fast." My friend seemed pretty calm and told him "I don't see you doing anything," at which point the guy said something like "oh yeah" and tried picking my friends legs up so that he would fall back onto the street. (My friend had knee surgery and was wearing sandals, so it wasn't very hard to drop him.)
After my friend got on his knees to try getting up, the guy started to punch him in the face a lot until my friend was able to get up and grab a hold of him so he wouldn't keep punching.
My friend then told him,"move away from the car if you're gonna keep hitting me," (they were leaning on his car, and he bent the mirror thingy backwards, so i guess thats why he said that). My friend started letting him go and the guy didnt care and kept throwing punches. His friend then came in to keep them away from each other and the guy punched my friend right in the eye, even though my friend already stopped. It sounded really bad, i sounded like he probably hurt his skull or something, I don't know.
After they were kept apart from each other my friend told the guy holding him back to find out if the guy who sat on his car is gonna let it go or if he's gonna keep trying to fight him. The guy then started shouting a bunch of mean, profane things to him and my friend told the guy holding him back, "if he's gonna keep doing this I'm not afraid to sue or do some type of legal s**t." The guy overheard him and said "sue me and watch, by the next morning you won't be alive. You don't f**k with me you b***h."
Anyway, to not give you an entire novel full of details on what happened, i wanted to know if my friend could press charges? I'm pretty sure thats like assault and battery or something. (Plus, the guy knows he had knee surgery so thats really messed up.) I dont know, if anyone could reply with wether or not my friend did the right thing and would be able to press charges, please let me know. Thank you once again!
Assault & Battery: Can My Friend Pess Charges or Not
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