Should my girlfriend and I file battery charges? can he file charges against me?

Anyone can file anything against anybody. You can't stop him from filing. So don't worry about it.

He DOESN'T file battery charges. Those are CRIMINAL CHARGES and would have to filed by the DA. He can REQUEST that the DA files charges, but no guarantee it will happen. The DA may feel that you acted purely in self-defense and not file, or they may feel you left the realm of self-defense as you continued to attack. We really can't tell you what is going to be done for sure. Does he have a case? A weakened one but yes. You admit you knocked him down and then delivered a few direct shots to the face. If he was trying to pick a fight with everyone the cops should have been called at that point for YOUR safety and his. The cops could have run him in on public intoxication charges. Clearly his friends weren't going to, but someone in your party could have.

I'm happy to hear a chivalric tale. Someone finally has the balls to defend himself and his lady. That is chivalry. I wouldn't be worried about the charges. You were defending your lady and then yourself. He was the aggressor but is going to try and con some money out of you. You did the right thing. I hate idiots that have no control of themselves, and why get into such a deep intoxication in the first place. He should be suspended from bars and having alcohol. Glad you knocked him out. Him hitting his head was a consequence of his stupidity, though no one should wish it upon him.

First things first, I am going by the story that you provided in this question. I have no reason to doubt the validity of what you say but, in a court of law, even the slightest variation of facts can lead to different outcomes. Furthermore, it is likely that in the event of a criminal or civil proceeding the drunk guy will have his own version of the story. At the end of the day, the merits of any facts that can't be proven or agreed upon by the parties will be left to a jury to decide.

Battery:

A. Acts intending to cause a harmful or offensive contact with the person of another, or of a third person, or an imminent apprehension of such a contact; AND

B. A harmful of offensive contact with the person of the other results directly or indirectly

1. Can your girlfriend file battery charges against drunk guy?

Yes. The big caveat to all of these charges is going to depend on who was the aggressor. If, as your story suggests, you and your girlfriend were just casual observers and not provoking the drunk guy in any way then this seems to be a pretty easy case of battery. You will need witnesses, the police report, or some other verifying evidence to prove that the drunk guy was the cause of your girlfriend's injuries and you will also have to prove that your girlfriend was actually harmed. But from what you say this shouldn't be that hard to do.

2. Can you file battery charges against drunk guy?

Yes. But you will find it harder to succeed in your claims because you struck him first before he came back and retaliated at you. Anyone can file charges but it is up to the prosecutor's office to follow through on those charges. Since, you would most likely be determined the aggressor in this instance it is unlikely that the prosecutor would use their limited resources in pursuing this course. Your best bet at pursuing either a criminal or civil judgment against drunk guy is by charges or a suit by your girlfriend.

3. Can drunk guy file battery charges against you?

Yes. Of course, anyone can file charges or sue another person for any reason. It is up to the court system to weed out frivolous cases (hopefully early in the process). As for a battery charge or suit against you, it appears that even if charges or a suit were to proceed past the filing stage that you have an really solid defense. Again, this all depends on the fact that he was the sole aggressor and it can be proved in court (beyond a reasonable doubt in criminal court or by the preponderance of evidence in civil court).

Defense of Others - one may use non-deadly force against an aggressor if they honestly and reasonably believe a third party is in imminent danger of bodily injury. You may only use the force that is necessary in order to stop the aggressor. Any force beyond that makes you the aggressor.

From what you have stated, if appears that the force you used against drunk guy was because you reasonably believed your girlfriend to be in imminent danger of bodily injury and as long as you didn't get excessive with your retribution a defense of others claim should be upheld in court. Caveats - You can't be the initial aggressor or have used enough force to stop drunk guy but then go beyond that point and injure him further to be able to use this defense.

This is how I see things being played out in the event that they reach a court of law but these humble opinions are only applicable given the facts as you have stated them here. Only you know what really happened and you should consult a qualified attorney for professional advice. Good Luck.

THIS IS NOT LEGAL ADVICE: For entertainment purposes only. This is only the marginal advice of an unqualified student. For professional advice consult a qualified attorney.

sounds like u beat him pretty good i wouldn't press charges because even though u were defending yourself and girlfriend i would be afraid of charges coming my way just for defending myself. happened to me before. if a cop would have broke up this bar fight u both probably would have been taken to jail because the law sucks.

I know it will be bad for business probably but bars should only serve x number of drinks to patrons and if they see they are drunk they should be allowed to refuse service.

The person or establishment that sells some one too many drinks should be held somewhat responsible.

1. He was the attacker

2. You were protecting yourself and your girlfriend

3. There were multiple witnesses backing up your story

4. I wouldn't worry about it

you prove to be the better man