The man attacked a 12 year old girl and a 19 year old girl giving the 19 year old a concussion and when I entered the situation I saw my 19 year old girlfriend unconscious on the ground with her mom above her screaming "You hit my daughter". So I attacked the man to defend them. But I got charged with aggravated battery because I used a weapon, only because I didn't think I could take him with my hands and I didn't have the Intent to kill, just scare off. What's my chances ..?
ok so you may have a wee bit of a problem because you are entitled to come to the aid of others only when necessary to defend that victim from an assailant's attack. However, the assault was "completed" when you attacked the assailant, so you may not have a "defense of others" defense.
Your 19 year old girlfriend should retain an attorney to sue the assailaint for her damages on a contingency fee basis wheich means your girlfriend pays nothing unless she wins the case. We are not allowed to solicit her case, but she can reach out to one of us here on this website.
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