Legal Question in Criminal Law in Virginia

protocol for civilian to file assault charges against aggressive bouncers

I witnessed the following: Briefly, a father and son were ejected physically from a bar after a wedding reception.They were not fighting, threatening or otherwise unruly within the establishment.A bouncer apparantly became hostile when a perceived comment from the son was directed at him.He tackled the son after the boy had walked away and had his back to him (the bouncer) other bouncers threw him out. The father came out to see what was happening to his son,bouncers starting hitting and kicking his body and head.This man is 60 and was in no way able to defend himself.His other son came out to find out what was going on, another bouncer told him to back off, he asked again what were they doing to his father.At that time, another bouncer game at the son from his left and hit him with such force as to break the orbital bone in his face.He was on the ground and continually kicked while being held down.A friend of his actually threw herself on top to try to protect him.At no time,did this boy (the son) try to throw a punch nor did he touch any of these bouncers.Again, this all happened well outside the establishment.Question:Can the father and son who were beaten request warrants for arrest on assault charges and what is the protocol?


Asked on 7/25/05, 9:05 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: protocol for civilian to file assault charges against aggressive bouncers

Bouncers have limited authority to keep the peace and may not exceed their limited privilege. Yes it sounds as if the vouncer committed assault and battery and you can take out a warrant by visiting the magistrate's office in the jurisdiction in which the assault took place.

Good luck

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Answered on 7/25/05, 10:25 pm


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