QUESTION
If a girl charges a guy with domestic violence even though she hit him first for self defense, will he still get charged?
Asked on Oct 01st, 2012 on Personal Injury - Missouri
More details to this question:
She hit him first because she thought he was going to hit her. He threatens her all the time when he's mad. He chipped my teeth too.
9 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Although your Question does involve a "Personal Injury", the Category you selected when you asked your question, what you are really asking about involves criminal law. Questions involving criminal law are outside of the scope of the "Personal Injury" Category. I would suggest re-asking your question and selecting "Criminal" or "Criminal Defense" as the Category.
Answered on Oct 07th, 2012 at 11:33 PM
Lisa Hurtado McDonnell
It up to the police and the city prosecutor if he is charged.
Answered on Oct 04th, 2012 at 11:48 AM
Dennis P. Mikko
After the police file a report, it will be up to the prosecuting attorney to determine what, if any, charges are brought. In this case, if he did not hit the girl, it not likely he will be charged.
Answered on Oct 02nd, 2012 at 10:20 AM
Ronald A. Steinberg
Probably, because under no circumstances does a gentleman every strike a female.
Answered on Oct 02nd, 2012 at 10:19 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A charge is a charge. A conviction is something else. If the DA believes you he may issue the "charge" but it may not prove out.
Answered on Oct 02nd, 2012 at 12:13 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Probably because boys shouldn't hit girls.
Answered on Oct 02nd, 2012 at 12:07 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Those are calls for the courts to make. It is the initial aggressor who is the person that should be charged/convicted with A&B. However, if a person is assaulted, which means threatened with harm without actually being touched, then they may have the right to defend themselves. It is not cut and dry. These are factually based determinations that need to be brought out through discussion and possibly direct and cross examination.
Answered on Oct 01st, 2012 at 11:58 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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It does not matter who hit first. It is still a charge of domestic violence and you will need an attorney.
Answered on Oct 01st, 2012 at 1:01 PM
New User
The crime of assault has specific elements that must be met. Each city ordinance has slightly different definitions of what assault is. By definition generally, assault can occur without physical contact. It generally requires an imminent apprehension of harmful or offensive contact, but contact need not actually occur. In contrast, Battery occurs when harmful contact is made. If she was in apprehension of his contact prior to being hit then the first assault may be on him. However, if she hit him in a harmful manner she can likely be charged. If she has a self defense argument, she can argue that in "defense." His previous threats place her in a position which, if provable, help to show her apprehension was reasonable. Not sure how you got your teeth chipped. Not a bad idea to get an attorney to help her form the defense.
Answered on Oct 01st, 2012 at 1:00 PM