battery charges?

Question

I am going to court for 3rd degree battery because this girl that was cheating with my husband hit me and I defended mysef. What are the chances of this being throwed out if I have a witness and I acted in sef defense. By the way this is my first offense.

Answer 1

Self defense must be proven by you and your witness to convince the court that your act was made to protect yourself. Be clear and detailed in the narration of facts.

Answer 2

A few words about the theory of self defense as a defense to criminal battery (see wikipedia battery http://en.wikipedia.org/wiki/Battery_(crime):

Generally, a person may use whatever degree of force is reasonably necessary for protection from bodily harm. The question of whether or not this defense is valid is usually determined by a jury. A person who initiates a fight cannot claim self-defense unless the opponent responded with a greater and unforeseeable degree of force. When an aggressor retreats and is later attacked by the same opponent, the defense may be asserted.

Deadly force may be justified if initially used by the aggressor. The situation must be such that a reasonable person would be likely to fear for his or her life. In some states, a person must retreat prior to using deadly force if the individual can do so in complete safety. A majority of states, however, allow a person to stand his or her ground even though there is a means of safe escape.

Whether the degree of force used is reasonable depends upon the circumstances. The usual test applied involves determining whether a reasonable person in a similar circumstance would respond with a similar amount of force. Factors such as age, size, and strength of the parties are also considered.

You really! need to speak to a criminal atty in your state (I'm assuming you're American) as the case law from each jurisdiction determines to a large extent what your chances are. You need someone to assess in strict confidence your facts against the elements of third degree battery, a very serious offense, to provide you with a solid defense. To find an atty, search the bar association in your state's Lawyer Referral link.

Good luck.

Answer 3

Well i have been through the system before,from what you said your chances are better than most and if you get a lawyer your chances are even better.If this is your very 1st time the worse that will happen to you without a lawyer will be probation and withheld ajudaction.means while your on probation for a 6 months to a year or what ever they want to give you ,and you keep out of trouble it will not show up on record as if you did anything wrong,or its like them throwing the charges out the window,But if you do not keep nose clean and you get into trouble again you would be held on that charge and it will be on your record.And the other thing i was telling you about the lawyer he/she will or can get you probation/or get these charges thrown out completely alot quicker.Get a lawyer who specializes in battrie/criminal charges not just any old lawyers.do your homework and you'll comeout fine.Or if you need more help go here. www.lawyers.com or legalmatch.com remember,you want a lawyer who only speacializes in that type of crime or simliar.I hope i was of some help

Answer 4

As long as you take your witness with you to back up your account of the story then your chances are pretty good at the case getting dismissed. Also, it isn't going to look to good to the judge that it was your husband's mistress that threw the first punch. Maybe you should consider suing her for cheating with your husband. Adultery is against the law in almost all 50 states.

Answer 5

What do you mean be "defending yourself"? If you hit her back once, that is probably self defense. If you beat the hell out of her, that is probably not self defense. Was there any way you could have avoided physical violence? Could you have turned and walked away or were you cornered? Even if someone hits you, you do not necessarily have the legal right to hit them back.

Answer 6

if u dont charge the battery then u cant use it... lol