Legal Question in Criminal Law in Michigan

fight

if you get in a fight and the guy breaks

your nose can you charge the person?


Asked on 6/17/09, 9:19 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: fight

Contrary to the first attorney's answer, there IS no "simple answer" with the limited information you provided.

First, YOU do not "charge" someone with a criminal offense ... a prosecutor does, and only after an investigation by a police agency.

Second, whether someone in a fight gets charged with an assault-type crime is not dicated by whether someone got hurt, or who 'lost' the fight. Issues of "who started the fight?", "who was the initial aggressor?", "could a prosecutor disprove beyond a reasonable doubt a 'self-defense' defense?", etc. have to be analyzed.

Yes, in some fights, a victim is sucker-punched. But some fights are just two idiots who square off and fight each other; the 'loser' doesn't become a victim because he lost the fight. Proving what lead up to the assault/battery can be challenging, too, because eye witnesses may be aligned with one participant or the other, alcohol may be involved, etc.

If a criminal assault can be proven in your case against the other person, and a conviction is obtained, the court must order 'full restitution' for expenses directly attributable to the incident (e.g., medical bills), but not for non-economic issues like 'pain and suffering'. You'd have to file a civil suit to get a judgement for that kind of damage.

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Answered on 6/19/09, 10:27 am
Daniel Hajji Daniel Hajji & Associates

Re: fight

Simple answer is Yes, civil action (lawsuit)initiated by you and criminal charges through the police and Prosecutor's Office. Daniel Hajji 248.865.4700

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Answered on 6/18/09, 9:41 am


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