Criminal Charges or Self Defense

[ChrisSingle2008]

California.

A fight occurred between person 1 and person 2. Person 1 and Person 2 were kicked out of a bar for almost fighting, they go outside, and Person 1 walks up to Person 2 and offers an apology, and puts his hand out to shake his hand. Person 2, does not accept it, and 1 minute later, pushes Person 1. Person 1 then responds by throwing one punch, in self defense. Person 2 now has an injury to his face.
What charges can be brought against person 1, or person 2? Are civil charges likely to be filed against person 1 if person 2 was injured?

[Stevef]

Originally Posted by ChrisSingle2008

Person 1 then responds by throwing one punch, in self defense.

That sounds more like retaliation than self defense.

Person 2 now has an injury to his face.
What charges can be brought against person 1, or person 2? Are civil charges likely to be filed against person 1 if person 2 was injured?

Either one could sue. The one with the evidence of injury has a better chance of winning.

[CdwJava]

One or both can be charged with battery or with fighting in public. They can each choose to sue the other if they want, but they had best have articulable damages before they go to court.

Self defense is a defense asserted at trial, so the claim won't prevent a criminal charge. And since the fight outside was a continuation of the fight inside, battery can still be charged and I doubt that self defense would fly here at all.

If charged, consult legal counsel ASAP.

- Carl