Assault Charges Filed Against Somebody Who Was Assaulted First

[lawfacts]

A woman was at a bar, and a man was being offensive toward her. He put his hand on her shoulder, and she knocked it off of her. They started to argue, and he spat in her face. She then slapped him and his face was scratched by her nails. The police were called by the bar, and they arrested her for battery but not him. Could these charges stick?

[Mr. Knowitall]

It is possible to be successfully prosecuted for slapping and scratching somebody, even if 'he started it'. It also makes a potential difference if the spitting was a matter of spray from yelling while being too close to her face, or if he deliberately spat in her face. If the latter, witness statements to that effect may help her convince a prosecutor to lower or dismiss the charge.

She should be working with a criminal defense lawyer.