A drunk person takes a swing at a bartender but misses and falls, breaking their arm. Who can be charged and with what?

In this scenario, the correct answer is that the drunk person can be charged with Assault in the 3rd Degree. This is because the individual attempted to inflict harm on another person, the bartender, by taking a swing at them. Even though the swing missed and the individual ended up injuring themselves by falling, the intent to assault is sufficient to justify the charge.

Assault in the 3rd Degree typically involves a person attempting to cause physical injury to another or causing physical injury through reckless behavior. Here, the drunk person's actions constitute an attempt to harm the bartender, demonstrating the necessary intent. The subsequent injury to the individual themselves does not negate the fact that they initiated aggressive conduct towards another person, which fulfills the criteria for an assault charge.

The other options, while they may seem plausible, do not reflect the circumstances accurately. The bartender has not committed any offense that warrants a charge since they were the potential victim. Additionally, a bar cannot be charged with negligence in this context without specific evidence of failing to maintain a safe environment or directly contributing to the incident leading to an injury. Lastly, dismissing the situation as warranting no charges overlooks the aggressive actions taken by the drunk individual, which are indeed subject to legal consequences.