Could I press charges for assault/battery?

UPDATED: Nov 24, 2017

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Could I press charges for assault/battery?

Last night I fought my stepfather; he was drunk and I was sober. He hit me first so I defended myself. The altercation ended when I had a panic attack and became incapacitated until the paramedics came, my fiance called the police and he was arrested. My mother bailed him out. He is worse for wear than I am, black eye, scrapes, and bruises. I just have a slightly bruised nose. I am wondering If I have a case against him.

Asked on November 24, 2017 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he struck you without you first attacking him, then yes: he committed the crime of assualt and/or battery (different states call the crime different things). Any time person 1 strikes person 2 other than in self defense, it is assault and/or battery. So based on what you write, you could look to press charges. And if you incurred any out of pocket medical costs (e.g. if you went to an ER or doctor, you could sue him for those, too.

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