QUESTION

Why am I being charged with assault if they struck first and I was just defending myself?

Asked on Apr 03rd, 2013 on Litigation - Utah
More details to this question:
There was an altercation between another gentleman and myself. During this altercation, words turned physical and the other man swung first, striking me in the face. I retaliated in self defense and struck back, knocking the man down. The next day, the police showed up to my house, informing me that the man is pressing charges for assault.
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2 ANSWERS

You can be charged with almost any crime. In this case, it sounds like the man you got into a fight with went to the police and told them a different story than the one you have told me. Assuming there were no serious injuries, the charges are likely a misdemeanor assault. You will be given an opportunity to negotiate with the prosecutor and either reduce the charges to a plea deal you are willing to accept, or to take the case to trial. I have seen many cases like yours, where two individuals engaged in what we call 'mutual combat', and in general both parties are found not guilty of assault at trial, since it's impossible to prove who started it. You should hire a defense attorney to represent you in this matter, it sounds like a case you could win at trial.
Answered on Apr 04th, 2013 at 8:02 PM

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Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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Almost certainly there is a dispute as to the facts. Either the victim or a witness is claiming that you struck first. the prosecutor will let the judge decide what the facts are based on the testimony presented at trial.
Answered on Apr 04th, 2013 at 2:26 AM

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