Questions about Pressing Charges on Assault?

Question

I was recently assaulted and am waiting for papers to go through on a police report to the county attorney. If I decide to press charges to gain restitution for my medical bills, do I have anything to worry about in retaliation, such as anyone charging me with assault, the consequences of losing, or anything?

Answer 1

Depends on the laws where you live. Your best bet is to talk to the investigator assigned to your case. In Texas if you participated in a fight (fought back) then it becomes what is known as mutual combat which means both of you are victims of assault and are also suspects. There is a possibility that you could be charged too.

Answer 2

I can't see why you would have anything to worry about unless you were who initiated the assault, such as being the one who started the fight or if the other person stopped and you persisted. You don't necessarily have to "press charges" in order to gain restitution for your medical costs, that is totally separate, that would be you suing the person in civil court. When the person goes to court for the criminal charge of assault, he is punished in a criminal way.. fines, jail time, etc.. that doesn't include restitution to you for your medical expenses. If the person is found guilty in criminal court, you can use that verdict against him in civil court, unless he pleas "no contest". Good luck to you.

Answer 3

Anyone can sue anyone for anything. If the person is found guilty on criminal charges of assault, then your civil case will carry more merit than the other parties. If they are found not guilt, or plead no contest, then that will carry less merit in your civil case.

If that person has not yet charged you, then a civil case on his/ her part will not carry much weight. I assume it was a misdermeanor. In felony cases, the state files charges, not the victim. Either way, if found guilty, your civil case will likely go in your favor. But, if the person has no assets, getting your money will be like squeezing oil from a lemon. You could very well spend more on an attorney to represent you than the money you receive in judgement.