Legal Question in Criminal Law in California

if two people have a fist fight and one gets seriously injured. How much jail time can a person get? and is that considered battery if the person press charges?


Asked on 1/24/12, 10:42 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1. Sky's the limit. Could be charged as aggravated battery, mayhem or attempted murder.

2. Yes.

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Answered on 1/24/12, 10:49 am
Edward Hoffman Law Offices of Edward A. Hoffman

Your question seems to presume that both parties in a fist fight are equally culpable. Sometimes that's true, but sometimes it isn't. If one of the participants clearly started the fight and the other merely used a reasonable amount of force to protect himself, then only the aggressor has committed a crime. But if the other person responds with an unreasonable amount of force and injures or kills the aggressor, then he is also guilty of a crime.

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Answered on 1/24/12, 1:30 pm


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