QUESTION
What is the best way to fight against an assault charge if I was defending myself?
Asked on Jan 14th, 2013 on Criminal Law - Georgia
More details to this question:
Got into a bar fight. I didn't start it but I was defending myself and admit to hitting the guy. The police came and arrested us both but I don't know what happened to the other guy. There are witnesses that saw the altercation and can confirm he hit me first. Do I need an attorney for this or is it possible that I can get out of this mess by just telling the truth?
14 ANSWERS
If the assault charge is filed in court, you will need an attorney. Your attorney has the skills and resources to find and present the witness statements to the DA and the court. If the case goes to trial then your attorney will keep out evidence that is not allowed and will present evidence to support your view on the incident. He has the skills to cross-examine the DA?s witnesses and to get your story from your witnesses.
Answered on Jan 16th, 2013 at 7:00 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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There are not enough facts to be able to tell you how to proceed. The safe approach is not to say anything to the cops before talking to an attorney. You can wait to see if, after the DA reviews the police reports containing witness statements, he decides you were acting in self defense, and charges the other guy only. If charges are filed against you by the DA, you should definitely talk to an attorney. You may have to litigate whether or not you were simply defending yourself.
Answered on Jan 15th, 2013 at 12:12 PM
Self defense is a complete defense to a charge of assault. However, the force you used must have been reasonable. You need an attorney. From what you have told me, your attorney will insist on a preliminary examination. If the victim does not appear, the case is dismissed in most instances. While it is rare, a preliminary examination can lead to the charges being dismissed. If the case is not dismissed after the preliminary examination, your attorney can gather valuable information from the hearing to win the case. I must stress that you must hire an attorney. While just telling the truth is fine when you are confessing to a priest, you are dealing with the state which has the power to put you in jail or prison. Get the names of the witnesses who will testify that you were defending yourself.
Answered on Jan 15th, 2013 at 12:12 PM
Michael J. Breczinski
Get an attorney and get that person the names of the witnesses. Prosecutors hear that the other person started it all the time and tend to insist on trial.
Answered on Jan 15th, 2013 at 12:10 PM
Hire a lawyer. Assault cases often involve a lot of he said she said, so they are defensible, provided you have a good lawyer. By yourself you are just a sitting duck for the prosecutor.
Answered on Jan 14th, 2013 at 4:12 PM
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It's possible the prosecutor will dismiss the charges without you hiring an attorney, but it doesn't always work that way. If the prosecutor does not quickly drop the charges, you should hire a lawyer immediately. You have a good defense, but sometimes it takes a trained lawyer to help the prosecutor see the truth.
Answered on Jan 14th, 2013 at 2:30 PM
Thomas Edward Gates
While you are permitted to defend yourself, with reasonable force, the court looks to see if you could have departed the scene after your first contact. If so and you failed to do so, you could be found guilty for assault 4, just like the other guy.
Answered on Jan 14th, 2013 at 2:29 PM
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Hire a defense counsel. Do NOT represent yourself.
Answered on Jan 14th, 2013 at 2:29 PM
If you've been charged with assault, it sounds like the prosecutors have determined they think you assaulted the guy. I recommend finding an attorney to help you claim self-defense. You may have to go to trial if the prosecutors won't budge.
Answered on Jan 14th, 2013 at 2:28 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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You are entitled to stand your ground and defend yourself so long as you didn't start the altercation. You can use reasonable force to repel the other person's use of unlawful force. You need an attorney to help you.
Answered on Jan 14th, 2013 at 2:28 PM
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Try to get a public defender if you cannot afford an attorney. Can you defend yourself, yes. But the last time you did that you ended up getting arrested. Prosecutors can be very unforgiving and lack the investigation and understanding to dismiss. My suggestion is that you attend the first court date and ask to speak with the prosecutor. When you go into the little room with him/her, ask how they see the case and how they want to deal with the case. You might simply say, the other guy punched me first and I just defended myself. Do not argue with the prosecutor. Just listen to them. If you do not like what s/he says, then tell them you are going to contact a lawyer. They will set if for another court date.
Answered on Jan 14th, 2013 at 2:27 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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If the police arrested both of you, it will be up to the prosecutor as to who to charge - if they do not simply charge both of you. You may need an attorney to assist you and, without knowing all the facts, I cannot completely answer this question but I can make some suggestions: Do not lose contact with the witnesses; this is particularly true of witnesses that are not your friends or family; you may need these witnesses to help you. If you are charged, your statements can be used ONLY against you, not for you; thus, if you told the police, "I didn't start it, but I hit him;" the only part of that statement that can be used in court is the 'I hit him' part because the other part is only useful for you; so, the truth here is tricky since some of the truth may help to convict you.
Answered on Jan 14th, 2013 at 2:27 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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You definitely need a lawyer and do not speak to anyone. The fact is that you are not in a position to be able to argue on your own behalf. Your lawyer can file a motion, such as a stand your ground motion, to try and get the case dismissed based on you defending yourself. Do yourself a favor and hire an attorney.
Answered on Jan 14th, 2013 at 2:26 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney. Get the names and addresses of all of the witnesses.
Answered on Jan 14th, 2013 at 2:26 PM