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A few days ago I was accosted or "assaulted" by a man while I was in our local casino.

Chico, CA |

I had just left the ATM machine at the front of the casino when I was approached by this man who proceeded to flip me off and verbally cuss me out. I ignored him as best I could but he got up real close and in my face. I went to go around him when he then pushed me around and got me in a headlock. We struggled for a few seconds and I was finally able to get him of me I was able to signal security who took off after him. I filled out a report etc, but my question is this. They didn't ask me if I wanted to charge this guy or not so should the casino have done this on my behalf, upon apprehending him.

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Attorney answers 3


It's not up to you or the casino to "press charges" against anyone. That is left up to the prosecuting agency. I can only assume that a police report was taken and forwarded to the appropriate authorities. I'd suggest you contact the casino to find out what was done. You can also follow up with the police agency that handles cases arising from that casino and the local DA's office to see if a report was taken and what is going on with the case.


A casino does not have a duty to ask you whether you want to press charges; that is up to you. It's good that his information is now on record, so you can still press charges, if you so choose.

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Robert Lee Marshall

Robert Lee Marshall


The answer above is a little bit odd. As other criminal defense attorneys have noted, it's the DA's decision whether to file a criminal complaint; individuals cannot "press charges" in criminal court (and the DA sometimes pursues a criminal case even when that's not what the victim wants). You can sue the other guy for money in civil court, but that's probably more trouble than it's worth. You would have to establish how much money you're entitled to receive, and without injuries, that's probably not much. Even if you win the case, you still have to collect what the court awards you... and that could be another headache. More than 200 years ago, the philosopher Voltaire said, "I was only ruined but twice: once when I lost a lawsuit, and once when I one won." His point... that court is stressful, whether you're the one being sued, or the one doing the suing... is even more true today.


It's up to the prosecution to press charges. However, I would think they would follow up with you as it sounds as if you are a necessary witness. My guess is that they didn't apprehend him and they don't know who to report.
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