Should I file an assault charge?

I was in line at a lounge and this guy was pushing me around telling me that I needed to move so he could get to the front of the line, I had it at that point and told my friend "lets go this place is ghetto" he turned and got in my face and called us names so I slapped him in the face. He proceeded to punch me so hard that I have a huge bruise on my face and I fell to the ground. The cops told me that if I file and assault charge he was going to file against me as well and then we would both get charged in court because I touched him first. This doesn’t seem fair at all but is it true even though I slapped him and he knocked me out can he get away with that? Is it even worth going to court I can’t risk and assault charge.

Dallas, TX -

Attorney Answers (3)

Cynthia Russell Henley

Cynthia Russell Henley

Criminal Defense Attorney - Houston, TX
Answered

Actually they probably would take charges against only you and not him. Words are not sufficient to provoke an assault but because you used bodily force against him he had the right to defend himself using bodily force. Sorry.

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person... more
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Dana Joseph Stewart

Dana Joseph Stewart

Family Law Attorney
Answered

I agree with Ms. Henley. Unfortuately, based on those facts, it seems that you might open yourself up to criminal liability. I wouldn't risk it.

This answer is intended for informational and educational purposes only and should not be considered legal advice... more
Christopher Jay Harding

Christopher Jay Harding

Family Law Attorney - Dallas, TX
Answered

Don't file if you can't risk it. You had first contact, so could get popped even if he overreacted. Sorry.

This answer is intended for informational and educational purposes only and should not be considered legal advice... more
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