What is my chance of winning a case where the complainant is the one who started the fight? 7 Answers as of December 11, 2013

I am sorry if this story is long I am just scared and would very greatly appreciate some clearance from a person with experience. This situation occurred a while ago when I was driving with 2 of my friends on a 2 lane 1 way freeway (we are all 18) when this man speeds to the side of my car for no apparent reason road raging and verbally harassing me. I only heard him yell bad words at me along with other bad words muffled by the sound of the environment. I don't get angry easily and just let him drive by, then he starts furiously cutting me off inches away from my car purposely, until eventually we get beside him. My friend threw a plastic package of wet wipes out of my window at his front windshield then he responds with telling us that he's on the phone with the cops and hes going to follow us. I realize that he has no reason to be on the phone with the cops so I automatically assume he's on the phone with one of his friends. I took an exit off the freeway to a red light where I put my car in park and walk back to his window with 2 of my friends coming out to follow me. the conversation starts to go like this-
Me: Why are you following me?
Him: What are you gonna do?
Me: What do you mean what am I gonna do, you better drive right now.
Him: Are you gonna do hit me?
Me: I'm not gonna fight you. You better leave me alone right now and drive.
Him: No, I'll take on all 3 of you.
Me: Get out of the car then.
Him: No I'm on the phone with the cops.
At that point, I slap the phone out of his hand while he's sitting in his car and he reaches and grabs a hold of my shirt with one hand and making a movement like he's going to hit me with his other hand when I immediately react by punching him in the eye that punctured his skin on the first hit and causing blood to run down his face on the second. Then we ran back into my car to get away and hes still following me until we lose him with speed. Eventually I got a call from an officer. I am being charged with 243 battery, battery with serious bodily injury.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Your chance of winning on your own is 2%.
Answer Applies to: Georgia
Replied: 12/11/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
You want to get a lawyer and DO NOT talk to the police without this person. He assaulted you. You should have called the police immediately when he started this road rage. Your passengers are your witnesses as to his illegal actions.
Answer Applies to: Michigan
Replied: 12/11/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
You have a problem. You left the scene of he incident (road rage), but came back and engaged the other driver. There were words exchanged and you hit him. You hit him first (knocking the cell phone out of his hand. That is assault. If he was truly calling the cops (911), then you could also be charged with interfering with a 911 call. He makes like he is going to punch you, but you punch him again. You cannot say the second punch was self defense because you were the one who initiated the physical altercation. If this person was involved in road rage, you should have called 911 and not chose to act upon it yourself. Once you did so, rather than leave the scene, which you could have done, you became the aggressor. Your chances of winning this case, based upon what you have told me are pretty minimal.
Answer Applies to: Washington
Replied: 12/4/2013
Universal Law Group, Inc. | Francis John Cowhig
Unfortunately, I can't see the future so I can't answer your question. However, I strongly suggest that you hire the best criminal defense attorney you can afford.
Answer Applies to: California
Replied: 12/4/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Battery is a violation of California Penal Code Section 242. A battery is any willful and unlawful use of force or violence upon the person of another. Battery with serious bodily injury is a violation of California Penal Code Section 243 (d). When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. The main defense against a charge of battery is self-defense. Most times for self-defense to work the defendant has to be the one hit first. In your case that did not happen. Self-defense will work if the defendant is in fear for his safety and a normal person in a like situation would fear for his safety. This could be shown by the threatening behavior in the way he was driving, following you off the highway, and his statement that he would take all three on. However, the fact that you slapped his phone out of his hand when he stated he was calling the police before any physical conduct was made by him goes against self-defense. This could be a winnable case depending on what can be proven. However, you need to hire an attorney or have the Public Defender appointed for your case.
Answer Applies to: California
Replied: 12/4/2013
    Tricia Dwyer, Esq. & Associates PLLC
    Tricia Dwyer, Esq. & Associates PLLC | Tricia Dwyer, Esq.
    You are in need of attorney assistance and counsel, so turn to your attorney so she/he can assist you and advise you and help you through this.
    Answer Applies to: Minnesota
    Replied: 12/4/2013
    Ascheman & Smith | Landon Ascheman
    The complainant may have been the one that started the interaction, but throwing something on his window (even if it was your friend that did it), and then knocking the phone out of his hand, and punching him are all escalations of the incident. Based on your version of the events, you have no defense to interfering with an emergency phone call, and assault.
    Answer Applies to: Minnesota
    Replied: 12/4/2013
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