Battery Complaint Filed Against Me for Self Defense of Another

[fsubk82]

My question involves criminal law for the state of: Florida

While at my girlfriend's friends condo, her and her friend got into an argument. I decided it was time to leave when the shouting began, but my girlfriend decided to use the bathroom one more time. I said I was going to wait outside, I then heard yelling and a loud crash from inside. I reentered and saw her friend straddled on top of my girlfriend with her forearm in her throat yelling at her. I went a pushed her friend off of her and held her down with one arm while my girlfriend got up and we left. The other female then 2 days later filed a complaint of battery against me. My girlfriend and I took pictures the next day of her bruises on her neck and arms. We also have a picture of the girl in a bathing suit the next day without any marks or bruises from Facebook. The only thing that she has is the account of her two brothers that just sat at the table and did nothing. How much weight would her brothers witness statement hold up against my girlfriends and the pictures of the bruises and of her not having any marks? Also, would a DA even pursue this or drop it?

[cdwjava]

No one can say what an unknown DA may or may not do with a case that we do not have all the details of.

Did your girlfriend immediately report the assault to the police when you left? If not, why not?

The problem is that she may well have given a story that you and your girlfriend jumper her. This could be problematic if backed up by what her brothers had to say.

If it is all a bunch of "he said, she said" statements, and the DA cannot make a case beyond a reasonable doubt one way or the other, then the matter may never be pursued to trial.

If charged, shut up and consult an attorney.

As an aside, your actions would not be "self defense" though they would be, arguably, in defense of another. But, without a call to the cops then you put your position in question.

[fsubk82]

We didn't call the cops because we didn't think it necessary to charge someone over a simple fight. Why press charges and ruin someone's life if you can just stay away and no one is hurt beyond bruises? I believe she filed a complaint due to the fear of having charges pressed against her for the attack. Also, we have time stamped photos of the bruises on my girlfriend to collaborate the story. We also downloaded time stamped photos that she put up the next day at her July 4th party were she has no marks anywhere on her body. She also waited two days to file the complaint. If it was that bad of a battery on my part why didn't she call the police right then? Seems like she was trying to cover herself in my opinion, and I was asking if that is often recognized by the DA.

[cdwjava]

We didn't call the cops because we didn't think it necessary to charge someone over a simple fight.

Now you can see what can come of that failure to report such a thing.

Why press charges and ruin someone's life if you can just stay away and no one is hurt beyond bruises?

I would tend to agree. But, apparently the other girl does not have the same opinion or feels that she was ganged up on.

I believe she filed a complaint due to the fear of having charges pressed against her for the attack.

Maybe. Funny thing is, apparently her idea worked.

Also, we have time stamped photos of the bruises on my girlfriend to collaborate the story. We also downloaded time stamped photos that she put up the next day at her July 4th party were she has no marks anywhere on her body.

One does not have to be bruised or even injured for the crime of battery to have taken place. No injury is required. None.

I won't get into the potential legal issues that might be involved with the photos, but suffice it to say that unless the prosecution stipulates to the images being authentic representations of the victim's person and state (lacking bruises), then they may never see their way into evidence. And unless the victim alleges visible bruising that would be obvious in such a photo, then they would not be relevant anyway.

She also waited two days to file the complaint. If it was that bad of a battery on my part why didn't she call the police right then?

That's something for a defense attorney to ask. But, there could be reasons ... she did not want to, but was talked into it by friends or family. Maybe she still felt pain from the assault a couple of days later and decided she needed to make the report. Who knows? The delay might make her claims a little suspect, but it does not automatically protect you.

Seems like she was trying to cover herself in my opinion, and I was asking if that is often recognized by the DA.

All I can say is it might be. The DA will review the case to see if he or she can make a case beyond a reasonable doubt, taking all the angles he or she sees into consideration.