Legal Question in Criminal Law in California
assualt charges
Hi I was at a baseball game with my friends last night and one of them (the one that wasnt my friend) was drunk and slamed me against my car my no reason causing me to dent and scratch my new car and caused me to fall on the ground leaving me with a bloody scraped elbow. Anyways I didnt retaliate because I know who he is and were he lives and i have witnesses, three are my friends the other was a parking lot attendee. So i want to know what he can be charged with and what the maximum sentence could be. I also want to if I could get my car fixed through his insurance co or if I will have to sue him and if so what if he doesnt have the money to sue for because he's jobless what happens then?
1 Answer from Attorneys
Re: assualt charges
He could be charged with assault and battery, though the decision whether to charge him will be the prosecutor's and not yours. You can sue him for your injuries and the property damage, but if he did this intentionally his insurance won't cover it. If you sue him and he has no money then you may end up with a judgment you on which you cannot collect.