Legal Question in Criminal Law in California

An individual cannot file criminal charges. The best they can do is ask the police to forward it to the prosecutor's office for review.

It sounds like mutual combat or self-defense. If the reports read anything like what you describe, I can't see any charges being filed. There probably is no need for an attorney unless charges are filed, but if you want to sit down with a couple local ones so you'll have somebody if necessary, you could.

As a Former Deputy District Attorney who has handled 100's of cases like this over the past 25 years, the answer is most definitely..Yes.... the female tenant can change her mind and ask this detective, who will do a follow-up investigation, to charge you. If she chooses to prosecute, the detective will do his/her follow-up investigation and take the case to the District Attorney's office for consideration of a criminal filing against you. No attorney can tell you if the D.A. will or will not prosecute you. As for whether or not you seek legal counsel, the choice is yours. Some of my clients over the past 20 plus years have decided to be safe and retain me, so that I could do a pre-filing investigation, in an effort to increase the chances that criminal charges are NOT filed, and others wanted to save the money and hope for the best. You have to do what you feel is best for you. I wish you the best......David Wallin

Anyone involved in an 'altercation' can pursue criminal charges, so long as the police are willing to take the report and file with the DA. Your guess is as good as mine whether the other person will try and the police/DA will agree. If charges are filed against you, yes, you will need an attorney. Feel free to contact me if serious about hiring counsel when that happens. You have defenses to raise if charged, so don't panic yet. A little free advice: if you are again contacted by police, exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.