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If you assault someone then file bankruptcy does the assault charge go away?

Irvine, CA |

I was a whistle-blower who found a way to improve an invention while working in a Canadian subsidiary of a California firm, but I had to go over the heads of Canadian management to get heard by the California head office. A couple years after I quit I ended up in a legal dispute with my employer. Though my first desire was to pummel the management in Canada, I paid over $11k to a lawyer to make the problem go away, causing myself financial hardship. But after talking to an ex-convict told me it would have been better to go ahead with the assault then file bankruptcy right after I got arrested. He said that as long as I could show the legal mess truly bankrupted me, the assault charge would go away because the employer would deem it pointless to without financial gain. True?

Attorney Answers 4

  1. Best answer

    Criminal charges have absolutely nothing to do with bankruptcy. A bankruptcy could potentially discharge outstanding debts but would have absolutely no impact on a criminal charge or case.

    If you're asking whether an individual would pursue a civil case against you for the tort of assault if you went bankrupt, then I suppose it would be up to the individual to decide if they wanted to sue you or not. I don't believe a judgment from a civil lawsuit would discharge in the bankruptcy, but you could verify with a bankruptcy attorney.

    Now that you're contemplating an intentional act in retaliation for your perceived financial harm, you've opened the door to punitive damages as well as aggravating circumstances in any criminal case.

    The best advice? Handle this legally through the court system. An assault out of revenge can only blow up in your face.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

  2. Yeah, relying on an ex-convict for legal advice isn't such a good idea. Not only does bankruptcy not affect the right of the government to pursue criminal charges, but debt related to criminal matters are subject to being found ineligible for discharge in bankruptcy. Hope this perspective helps!

  3. Criminal charges do not "go away" because of bankruptcy. A civil lawsuit for money damages stemming from a civil assault may or may not be bankruptable. You need a competent lawyer to advise you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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