If someone voluntarily fights you and they swing first and I swing back can they sue me and win? And can I get in trouble? I am under 18
There is a confusion of issues between civil law and criminal law here. As a criminal defense attorney, I can represent that it is a crime, Assault Causing Bodily Injury, for someone to intentionally or knowingly cause bodily injury to another person. Bodily injury is anything causing pain. Mutual combat, agreed upon fights, do not fall under this crime. If this was not mutual combat, and you were acting in self-defense then that can be raised as a legal defense should you be charged with Assault. You may also be looking at Disorderly Conduct for Fighting in Public. Consult with a defense attorney in your area if you are arrested or charged. If someone is threatening to sue you then you will need to speak with a civil lawyer.
Anna Summersett, Varghese, Summersett & Smith, PLLC. This answer is provided for educational purposes only. The information provided is not, nor is it intended to be, legal advice. Contacting Varghese, Summersett & Smith, PLLC, through this website or by email does not establish an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established.
There is a provision in Texas law that prohibits a claimant who has been convicted of a crime from recovering damages for an injury sustained during the commission of a felony or misdemeanor if the injury would not have occurred but for the commission of the felony or misdemeanor. SO, if the other person involved in your fight gets convicted, he gets zero damages from you if this statute applies to the facts of your case. If you are served with a civil suit, an attorney can explain how to go about dismissing the Plaintiff's suit using this statute. Good Luck!
I agree with Ms. Summersett, her explanation is correct. This situation has a few layers to it, if there are no criminal charges you could still be sued for assault or battery in civil court. I would reccomend posting your question in the civil forum.
Do you mean criminal charges or civil lawsuit, If your mean civil it depends on their injuries.
Anyone can sue anyone for anything. "Winning" is dependent upon multiple factors and requires a complex and experienced based analysts. It is never simple.
PLEASE DO NOT USE THIS RESPONSE as the reason to say or do anything regarding your case or situation. This answer/response is based on the information provided in your inquiry and requires a much more complete context than is available in this public forum. BEFORE you say or do anything consult with an experienced local Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.
If you got into a fight, and the other person started the fight, you would likely have the defense of "consent" in a civil case. Based on the facts you provided, you would also have the defense of self-defense. In a civil court, the judge or jury would consider whether the way you responded, the amount of force you used, was reasonable under to circumstances. Did he swing and you stabbed? Did he swing one and you left him with a concussion? These might not be how a reasonably prudent person would have responded. If you are worried about being sued, you have to consider whether it would be worth your opponent's time and money. Do you have any personal wealth? Is it significant? Do you parents have personal wealth? Did the fight occur on your parent's property? Do they have homeowner's insurance? Did you opponent suffer serious injuries? Did he go to the hospital? Did he require surgery? You are probably safe, but might want to consult with a lawyer.
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