QUESTION
Should I plead guilty for battery if the victim was threatening me and why?
Asked on May 07th, 2015 on Criminal Law - Georgia
More details to this question:
I had a fight with someone in a bar who was drunk and making verbal threats and insulting me. I ended up breaking his nose. If I plead guilty will this reduce the charges or should I hire an attorney and fight the case?
6 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
No one can tell you what to do, but if you feel you have a reasonable case of self-defense, hire an attorney to defend you. Even a simple assault conviction carries a potential jail sentence. At the very least, you should consult with an attorney before pleading guilty.
Answered on May 08th, 2015 at 4:23 AM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
HIRE a lawyer!!!? Even if you are charged,?that does not mean you are guilty or that you do not have a defense.? It sounds like it is possible that there is a self-defense issue lurking in your case.
Answered on May 08th, 2015 at 4:01 AM
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it. Battery cases often involve a lot of he said she said, and are hard to prove before a jury. Which is why it would be such a waste for you to just plead guilty without a fight.
Answered on May 07th, 2015 at 2:44 PM
Thomas Edward Gates
You were not permitted to hit him. You do need a attorney not only for the criminal charge, but also the civil suit that will follow.
Answered on May 07th, 2015 at 1:45 PM
3 Awards
that is a tough question because you are likely charged with 2nd degree assault crime of violence that carries a mandatory minimum 5 years in prison I would consult an attorney prior to making any decision. This is the kind of thing you should pay for - it is too important a decision. In general, if a person threatens you, you are allowed to use a reasonable amount of force to stop the threat. That is self defense. You lose self defense when your response is unreasonable. It is not the simply damage you cause that makes the response unreasonable. It could be continuing to hit a person after the threat has ended or it could be the amount of force is too great for the size of the threat. In your case, if a jury finds you over reacted, then you will lose. It is really difficult for me to make that determination from the information you give - I would need to review the file as a whole. Even then, the best I could give is an opinion.
Answered on May 07th, 2015 at 1:45 PM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
No. Fight it self defense is a defense to the charge.
Answered on May 07th, 2015 at 1:44 PM