Legal Question in Criminal Law in California

I was recently assaulted by a member of my fraternity. I was struck over the head with a 2 foot glass bong (waterpipe). I told the officers I wanted to press charges when they arrested him afterwards. The person has already been designated 5150 and has a history of mental health problems and collects money from the state for such reasons. He had recently been let out of a 14 day stay in a mental hospital and was on new medications. However, he is now out again. I hear he is moving to an assisted living place but can not be sure. I'm guessing he was let go of the charges due to insanity but my question lies in what can I do beyond this? Is there anything more I can do legally against him in pressing charges? Can I go after the mental institution for letting him out to early? Is there a way to prove he may be a danger to others etc? What are my options?


Asked on 2/18/10, 2:02 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The police and the prosecutors decide what charges, if any, will be brought in criminal court. You could sue him civilly for hitting you upside the head with the bong, but he probably doesn't have money or insurance that would cover any resulting award of damages. You can't sue the mental institution for letting him out early, unless he told them beforehand that he was going to hit you upside the head with a bong when he got out. Maybe you could join a fraternity with higher membership standards. Or any membership standards. Or just avoid former mental patients carrying bongs.

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Answered on 2/23/10, 2:21 pm


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