What would happen if I assaulted someone and they assaulted me also but they filed charges? 14 Answers as of April 16, 2013

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Law Office of John G. Galasso | John George Galasso
You should also file charges; the ultimate issue is whether you were the aggressor or were merely protecting yourself (self defense).
Answer Applies to: Ohio
Replied: 4/16/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The main defense against an assault or a battery charge is self-defense. Witness statements and other evidence will be taken to determine which person was the aggressor and which on was defending himself.
Answer Applies to: California
Replied: 4/15/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Retain a good lawyer to represent you. If he hit you first you have a defense of justification.
Answer Applies to: New York
Replied: 4/15/2013
Henry Lebensbaum | Henry Lebensbaum
Speak to a lawyer.
Answer Applies to: Massachusetts
Replied: 4/15/2013
Universal Law Group, Inc. | Francis John Cowhig
Probably one of two things. Depending on the injuries, if any, to the complaining victim and whether or not there are any witnesses or corroborating evidence, the police may not choose to investigate or they may investigate and charge you with assault.
Answer Applies to: California
Replied: 4/15/2013
    Denis M Faubert | Denis M Faubert
    Generally, the first to press charges has the advantage unless otherwise shown to the prosecutor and that you were not the first aggressor and/or you acted in self defense.
    Answer Applies to: Oklahoma
    Replied: 4/15/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well the question is who started it. The other person may be able to claim self defense but not always.
    Answer Applies to: Michigan
    Replied: 4/15/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The party who first got the charges will prevail, in all probability, as the police generally do not file cross-complaints. You will have to wait until your case is finished before filing charges, if you are interested at that late date. You better have witnesses to back up your version of events, if you have hope of prevailing in court.
    Answer Applies to: Illinois
    Replied: 4/15/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Only one person, generally, can assault another, the other person is acting in self defense. See an attorney and speak with no one until you have been counseled.
    Answer Applies to: Michigan
    Replied: 4/15/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    You will have a trial. You are entitled to defend yourself. You Better Get a Great Lawyer: Better call the Bull Dog.
    Answer Applies to: Virginia
    Replied: 4/15/2013
    Midway Law
    Midway Law | Joseph I. Silverzweig
    It depends on the testimony and evidence presented, but often times what we see in these kinds of cases is that both parties are charged with assault, and both parties are found not-guilty, because it is unclear who started the fight. If you hire an attorney right away, and you work together to defend your case, it is possible that you will not suffer any punishment.
    Answer Applies to: Utah
    Replied: 4/15/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    You could be arrested and charged with assault. In this regard, it may be wise for you to file assault charges while the investigation of the police is ongoing. You should retain criminal defense counsel immediately and do nothing without consultation with your counsel.
    Answer Applies to: New York
    Replied: 4/15/2013
    William L. Welch, III Attorney | William L. Welch, III
    It's anybody's guess at this point. Sentencing depends on whether you're found guilty, your prior record, how serious these are in the court's eyes, mitigation, and allocution. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland
    Replied: 4/15/2013
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You could be charged with assaulting the other person, they would have a self-defense claim preventing charges against the other person.
    Answer Applies to: Washington
    Replied: 4/15/2013
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