Legal Question in Criminal Law in California

Will I Go To Jail? So couple days ago I went to a club with some cousins to celebrate my cousin's bday... so one of my cousin which is a (girl) drank way to much about to throw up can't even stand up was about to get kicked out. So we convinced the security that she was Okay that she's just going to chill out for now.. then her guy friend came up to her and started to dance with her when she out of it already which he took advantage of it and they were. Dancing crazy make a fool out of them selfs. So I stepped in to chill them out so I said aye you guy gotta chill out before my cuz gets kicked out. because I didn't want my cousin to get kicked out for sure. Then I guess he misunderstood me and.started yelling at me so I got mad and yelled back then next thing you know I'm the one that got kicked out. So I walked it off just to cool down when I got back to the club I seen both of them got kicked out also so they went to his car and then he brought out some alcohol out and tried to make her drink more when she was throwing up and said that he's going drop her off when he was really drunk. And my other to cousins were there too.. so he got in the car then I went up to his n said see look what happen.. so he got so mad and started to yell at me say some stuff.. so he misunderstood me again so I was so tired of it so I pushed him which he was in his car i don't know where did I push him I guess his face.. so he got out started yelling and ran to me and throw a punch so I defended my self and throw a punch also.. everything was so fast cops came... got are stories they let .me go and told me it always happens. So the guy had bloody nose swollen face.. and his $300 dollar glasses got run over from a cop car... and I got a bruise on my shoulder.. and I'm willing to pay for his glasses because he needs a new pair.. I'm really sorry for what I did.. we just misunderstood each other.. I just was watching over my drunk cousin.. I got no criminal record or never got arrested.. and I'm from another state... if he press charges will I go to jail?


Asked on 2/29/12, 3:13 pm

3 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

If he persues civil damages, ie...money:lost wages;new glasses, then no jail is possible. If criminal charges are brought against you, jail is a possibility. My office has handled many cases like yours, and you may want to do what you can to attempt to stop any criminal charges. Call me, and I'll explain how we do this........... David Wallin

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Answered on 2/29/12, 3:35 pm
Brian McGinity McGinity Law Office

It is very difficult to understand the facts as you recalled them. However, from what I can tell there are two possible cases. A criminal case and a civil case. In regards to the criminal case, If the facts are as you have provided then if the District Attorney pursues the matter, you may be looking at a battery charge for, as you stated, "pushing his face." As to the civil issue if it is determined that you were the cause for the property damage then you might be liable for money damages as a result of your actions that caused the property damage.

If you would like to contact our office and ask us specific questions we can give you more specific information. Please feel free to contact us through our web site at www.brianmcginitylaw.com .

Good luck

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Answered on 2/29/12, 6:35 pm


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