While participating in a friendly game of basketball at the local health club I was punched in the face by another individual without reason or provocation.
After I expressed my objection to an overly aggressive play he became belligerent and approached me defiantly. His statement to me as he came within inches of my face was “quit crying like a ***** and play the game”, to which I responded with “I’m trying to play the game, why don’t you?” as I stepped back trying to keep some distance between us he remarked “don’t touch me, who do you think you are? Nobody touches me! As I stood with my hands and arms to my side he proceeded to strike me square on my jaw shoving me back approximately 4-5 feet. My reaction to the attack was to turn away and walk to the front desk where I requested a manager to file a complaint. Since a manager was not present at the premises, I requested the police be called so I could press charges. The police showed up shortly after and proceeded to take statements from both of us. I was then advised that if I filed against him he would in turn do the same against me. Two witnesses corroborate to my description of the events and one other claims he thought he saw me shove the other guy, which is completely inaccurate.
Given the fact that I never displayed hostile behavior and never struck the man I proceeded with the complaint. We were both issued field citations and we have a court date scheduled.
My questions are: Why did the police proceed with a cross complaint against me if they didn’t have any witnesses that supported the man’s alleged assault charge? Should I retain the services of an attorney to represent me on the court date? Is there any liability in the part of the health club on this matter? Thank you for your assistance.