If two people are fighting and one presses charges, how does the other person tell their side? 16 Answers as of June 18, 2013

If a person strikes you first (actually kicked) and you defend yourself and that person files charges against you, how are you able to tell your side of the story?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
When you get to court, and take the stand at your trial.
Answer Applies to: Georgia
Replied: 11/20/2012
Law office of Robert D. Scott | Robert Scott
At a trial.
Answer Applies to: Maryland
Replied: 6/18/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
At trial with a lawyer on the stand. That is where you tell your side of the story.
Answer Applies to: Michigan
Replied: 11/9/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Hire a criminal defense attorney to represent you in court. Often times, assault and battery charges are tough to prosecute if both the 'victim' and the 'defendant' were engaged in a physical altercation.
Answer Applies to: California
Replied: 11/8/2012
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
You have a right to present your defense. Hard to do without a lawyer. Hire a lawyer and win your case.
Answer Applies to: Nebraska
Replied: 11/8/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can tell your side of the story to the police, or you can tell your side to a judge or jury at trial. I strongly urge you to retain the services of an experienced criminal attorney in your area before attempting any of these options however.
    Answer Applies to: Michigan
    Replied: 11/8/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You definitely have the right to testify in your own behalf. You even have the right to call any witnesses in your behalf that may have seen the fight. Remember that the prosecution needs to prove guilt beyond a reasonable doubt. As jail time is possible, hire counsel to represent you, or if indigent, ask for a public defender.
    Answer Applies to: Illinois
    Replied: 11/8/2012
    Law Office of Stephen Barker | Stephen Barker
    Contact the officer in charge of the case.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You hire an attorney to help you.
    Answer Applies to: California
    Replied: 6/13/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    He should file a complaint against his accuser and let the Court decide.
    Answer Applies to: New Jersey
    Replied: 11/6/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You hire a lawyer who will make a decision based on all the facts whether to talk with the prosecutor about what happened up front or wait until trial.? You will provide the names and numbers of any witnesses, which could include anyone to which this person may have "confessed" or bragged about their actions.
    Answer Applies to: Texas
    Replied: 11/6/2012
    Law Office of Edmund P. Allen Jr. | Edmund P. Allen Jr.
    If the case goes all the way to trial, you will have a chance to testify. But in hopes of keeping it from it going that far, your lawyer will explain the circumstances to the prosecutor (in a way that can't be used against you at trial). In Washington the prosecution had to prove the absence of self-defense beyond a reasonable doubt to convict you of assault.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Throught testimony. Bear in mind that your theory will be self-defense. To be valid, you must only use the amount of force that is necessary and reasonable. Excessive force will get you in trouble. You need to develop your testimony with your defense attorney.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Clinton Law Office | Michael Clinton
    Generally you show up in court at trial. That's what a trial is all about. Both sides get to tell their stories.
    Answer Applies to: Washington
    Replied: 11/6/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    If You are in a fight the first person to go to the police becomes the "victim" and the other person becomes the defendant. You must retain an attorney to handle the case. He will give your side of the story to the prosecutor and find any video or witnesses to back it up. Generally, words are not a reason to strike a person and the first person to strike a blow or kick is the aggressor and the other person may defend himself. You cannot use a weapon unless the other person is using deadly force and you cannot use a gun unless you have a license for the gun and your life is in danger. You can defend yourself, but you cannot keep on hitting a person once they are no longer attacking you.
    Answer Applies to: New York
    Replied: 11/6/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can't. That's why people hire lawyers. The moment you open your mouth you begin incriminating yourself.
    Answer Applies to: California
    Replied: 11/6/2012
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