Legal Question in Criminal Law in California

I got into a fist fight with the girlfriend of a handyman making repairs on the property I was renting a couple of months ago. We traded punches, and they left the property. Her boyfriend apparently captured some of the fight on tape. She is now requesting that I pay for the sunglasses that were damaged in the fight ($500), and my former landlord is trying to deduct it from the deposit we paid when we moved in. There was no police report filed at the time or since. She has a witness (the handyman/her boyfriend) and the video (which I haven't seen). Can she press charges against me now? Does he have the right to deduct the money she is demanding?


Asked on 8/19/09, 4:54 pm

1 Answer from Attorneys
Gary Polston The Law Office of Gary M. Polston

Typically, Misdemeanor charges can be filed up to 1 year from the date of incidence. Assault can be filed either as a Misdemeanor or a Felony, which would allow the DA more time to file if they chose to do so. However, whether to file charges is in the DA's discretion, and they may question why someone is waiting so long (if they did) to request prosecution.

Read more
Answered on 8/19/09, 5:02 pm


Related Questions & Answers

More Criminal Law questions and answers in California