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  1. #1
    Join Date
    Dec 2010
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    1

    Question 53 Year Old Woman Charged With Assault and Battery After Defending Herself

    My question involves criminal law for the state of: Michigan.

    Me and a so called friend had an altercation and I was ticketed for Assault & Battery. This is the scenario: I approached the woman just to talk with her. I had no knowledge of any problem with this person. When I approached her, she started yelling "get away from me you piece of ----". She raised her hand and backhanded me, trying to knock my hat off and also pushed me. I got angry and slapped her. She lashed out at me. I hit her in her head twice and put her in a headlock to try to restrain her. It is not my nature to be a fighter. This woman is known in the community to have mental problems but I don't know if they are documented anywhere.

    She called the police. They came and interviewed her and I and one witness that said I struck her first. I was honest and told them that after she tried to knock my hat off and pushed me, I slapped her a couple times. There were waitresses and other customers present, that are well aware of her mental status and informed police of such.

    The police ticketed me for Assault and Battery. There were scratches on her neck and they took pictures.

    I have never been in any trouble before and it is not my nature to fight with people. It is completely out of character for me to be in such a ridiculous situation. I feel that she started the altercation by raising her hand to me and pushing me. I felt threatened and reacted. The police told me that I received the ticket because the one witness, stated that I hit her first.

    Can I use 'Self Defense' as a defense? Should I request a trial or plead no contest? Dont know what to do. Any legal help would be greatly appreciated.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: 53 Year Old Woman Charged W/ Assault and Battery After Defending Herself

    You really need a defense attorney.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: 53 Year Old Woman Charged With Assault and Battery After Defending Herself

    You're describing getting angry and escalating a physical confrontation into a brawl - that's not self-defense. You may be able to get somewhere by asserting that it was mutual combat, not A&B as such, although that's far from a perfect defense - you can still end up being convicted of a crime. I agree with the suggestion above, to talk to a lawyer.

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: 53 Year Old Woman Charged With Assault and Battery After Defending Herself

    Self defense does not equate to retaliation. "She hit me first" won't matter any more in court than it did with your mommy.

  5. #5

    Default Re: 53 Year Old Woman Charged With Assault and Battery After Defending Herself

    Quote Quoting flyingron
    View Post
    Self defense does not equate to retaliation. "She hit me first" won't matter any more in court than it did with your mommy.
    So if Jennifer had struck at this old lady first, then it would have been the old lady's fault? Is that how it works?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: 53 Year Old Woman Charged With Assault and Battery After Defending Herself

    No that's not how it works. You don't get to hit people other than to fend off an immediate threat to your own person.
    But someone who would dredge up a six month old posting to make an inane non-sequitor comment on that is probably still hanging out with the other seven year olds out on the playground.

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