I was in a dispute at a club and was thrown out. I made it outside and four bouncers from the club held me down and kicked, punched, and choked me until the cops came. The whole thing started because they wouldn’t return my personal property – my cash and cell phone.
The club employees gave my money and phone to the person I had been in an argument with inside the club. The bouncers pressed charges against me but I did not hit them. Now I have to fight the case.
What business do they have pressing charges against me? Can I file a lawsuit against them for assault? There were 4 of them and one of me.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
If you were arrested for assault you are already in a losing position. You will be fighting an uphill battle. The bouncers didn’t press charges against you. Many people think that’s the way it works, but it really doesn’t. People see things like that on television, but that’s not reality.
The way it works is this:
Someone dials 911 and reports a fight, or some type of disturbance. The police are dispatched to the scene where they talk with witnesses. There is no law which says they must talk with the person being arrested. That’s another mistake many people make.
The police can talk with one witness, or a hundred. And they can choose who they speak with. The police are actually the people who file the charges. The bouncers are only witnesses, and will probably testify in court.
You can always file a lawsuit. Anyone can file a lawsuit. It’s winning one that is the difficult part.
The best thing to do is hire a good criminal defense lawyer. Right now your focus should be on keeping your record clean. The last thing you want is a conviction for Assault, disturbing the Peace, or Public Intoxication.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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