Charged With Assault, but the Victim Was the One Who Assaulted Me
My question involves criminal law for the state of: Arizona
I'm trying to figure out how to properly go about doing this. I was assaulted after threatening to call the police after being refused my property in their home. They took my phone, threw it while I was dialing the police and started hitting me. I ran to someone down the street, begged them to call for help, they did. I got sent to the emergency room, but was later charged with assault despite them attacking me. I didn't force or try to force my way into their home and I didn't touch them first (they touched & attacked me first, and past a point where it could even be considered self-defense). I should not be the one being charged with assault, they should be. I do have the two people that I ran to for help as witnesses, as well as my shirt that got torn up badly that night (which they saw).
I guess my questions are this:
- Do I have enough evidence to show that I'm not guilty of assault?
- Is there any way to turn this charge around onto them?
- Is there any way I can get my stuff back?
I greatly appreciate any help!
Re: Being Charged for Assault when the 'Victim' is the One Who Assaulted Me,
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allthebest
Do I have enough evidence to show that I'm not guilty of assault?
I don't know. You haven't explained what happened in the minutes or hours leading up to the incident that occurred in "their home."
But I can tell you this. You're the one who was arrested and charged. You're the one who needs to hire a criminal defense attorney. Without one to mount a proper investigation and defense you are pretty much toast.
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Quoting
allthebest
- Is there any way to turn this charge around onto them?
A qualified defense attorney might be able to show that others should be prosecuted instead of you. However, without a qualified defense attorney your protestations will likely fall on deaf ears.
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Quoting
allthebest
- Is there any way I can get my stuff back?
A civil lawsuit in small claims court.