Legal Question in Criminal Law in Florida

A friend was leaving a bar with his wife. There was an unrelated group of people in the parking lot fighting with one another. One of the men from this group a had a full beer bottle with him that he brought out from inside the bar, and he threw it at the person he was arguing with. He missed, but it was at that moment that my friend was headed to his car, and it hit him in the face. It broke his eye socket, cheek, and nose as well as deep cuts. His emergency room bill is over $18,000 and he will have to have some reconstructive work done too. There is security footage of the entire event as well as multiple witnesses. Apparently this man had tried to start multiple fights throughout the evening (which the bar was well aware of) and never kicked out. The bar even let him back inside after the incident to continue for the rest of the night.

The DA is refusing to press charges because "it was only a bar fight, and the bottle was not intended for him". Is there a way to get charges pressed without the DA? Or if not, can the bar be held liable for this?

Asked on 6/14/13, 8:39 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

ONLY the prosecutor can file criminal charges. Of course, the victim can always file a civil suit.

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Answered on 6/14/13, 10:54 am

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