I’ve always wondered about cases like this. Could “Grandad Bill” be charged
with assault? If the criminal was injured could he sue “Grandad Bill” or would
the court throw the case out?
I really doubt a criminal assault could be made against him. Even if (and this is a HUGE “if”) Bill technically violated the letter of the law, no prosecutor is going to try to make a case against him. It would be career suicide.
And it would be pretty hard to prove, even with the video. Criminal assault requires intent to harm. Grandad Bill could just say he got a cramp in his leg and had to stretch.
In reality, no prosecutor would ever bring a charge of assault against Grandpa Bill – any jury would laugh it out of court. And that prosecutor would pay for this next election.
The criminal could sue – anybody can sue for anything. (Assuming he could get a lawyer to take the case.) The question is whether he could win. Again, eventually a Juddge or Jury would have to look at this and decide. I don’t think either would ever convict him. Might even have the Judge award ‘costs’ to him for defending against this lawsuit.
You appear to believe that it takes a lawyer to initiate a lawsuit. This is not true, in the US at least. Lawsuits can, and often are brought by plaintiffs alone, with no lawyer involved.
Of course, lawyers are more than happy to perpetuate that belief.