Battery Charge That Was Self-Defense

[abstrak]

I even had to have my finger checked out Wednesday and found out that the joint is severely fractured. 50% of it is broken off. The doctor said that I must have punched the guy with my finger slightly out, due to the way it was fractured. He said that these type of injuries he sees mostly from basketball injuries, like someone trying to catch a pass but "jamming" their fingers from being extended.

So that's somewhat of proof that I didn't even have my hands clinched to hit the guy like I was in a fight. I just reacted quickly to him trying to punch me...twice.

How solid of evidence do you think that is to argue self defense? Remember, I only hit him once to get him to stop and once he was down I didn't pumel him like I was fighting him.

[abstrak]

So do I get any kudos for at least calling 9-1-1 and stating that this guy attacked my brother-n-law and myself? Do you think that will help me prove my case?

[cdwjava]

So do I get any kudos for at least calling 9-1-1 and stating that this guy attacked my brother-n-law and myself? Do you think that will help me prove my case?

It probably cannot hurt.

As for the injury, that may not be relevant as it only shows injury not when and how it was obtained. Plus, battery involves striking someone and not necessarily a strike with a closed fist.

- Carl

[abstrak]

It probably cannot hurt.

As for the injury, that may not be relevant as it only shows injury not when and how it was obtained. Plus, battery involves striking someone and not necessarily a strike with a closed fist.

- Carl

Actually the injury is confirmed because the sheriff took pictures of my finger and hand right before they threw me in the car. Otherwise I don't think they could have proven that I was the one that hit him.

But doesn't an expert hand specialist that says, "you must have hit him with your finger out just like jamming your finger from a baskeball pass", count for something?

Can't I have the Dr. write a statement and use that to prove my case? But more importantly, is it solid enough to prove it?

[cdwjava]

But doesn't an expert hand specialist that says, "you must have hit him with your finger out just like jamming your finger from a baskeball pass", count for something?

That only confirms you hit him. Remember, the crime of battery does not require a fist, only an unwanted touching. A slap, push, punch, head butt, etc. all can count.

And the written statement of your doctor would generally be inadmissible unless the other side (the prosecution, in this case) were to stipulate to its authenticity. You would have to subpoena the doctor. But, as I said, it wouldn't prove who was the aggressor so I suspect your attorney is not going to be excited about this.

- Carl

[abstrak]

So my question is if battery is "unwanted touching", why didn't the other guy get cuffed and cited after everybody's story being the same that he was the aggressor and the one who threw the first punches at my bro-n-law and myself?

On a side note, it's been more than two weeks since the incident and neither my sister or I are in the court system (as far as their court dates and times).

Is there a chance that this thing won't even get that far? Or am I not that lucky? When I called the courts and the public defenders office, neither one could find me or my sister in their system.

[cdwjava]

So my question is if battery is "unwanted touching", why didn't the other guy get cuffed and cited after everybody's story being the same that he was the aggressor and the one who threw the first punches at my bro-n-law and myself?

I can't say why. Perhaps the other guy insisted upon making the citizen's arrest and no one else did. Sometimes he who complains first gets the citation. But, the DA is still free to file against any or all parties whatever he wishes.

On a side note, it's been more than two weeks since the incident and neither my sister or I are in the court system (as far as their court dates and times).

Not surprising. But, unless notified in writing, be sure to show up at court on the date and time on the citation.

Is there a chance that this thing won't even get that far? Or am I not that lucky? When I called the courts and the public defenders office, neither one could find me or my sister in their system.

Depending on the size and efficiency of your county's system, it could take a long time to get into the computer system. If the DA rejects the case, you should be notified that you will not have to appear on your cited court date. Very often these sorts of mutual combat affairs are no filed. I'd say there is a better than even chance that the DA will drop it.

- Carl

[abstrak]

Carl, thanks for all of your incite! I can only hope that you are right and that the DA doesn't pursue this thing.

[abstrak]

So here's an "update" I have with my "problem":

So I called a guy I know who is a Commander for the Bureau of Investigation for the DA's office in another county. He told me with his experience is that these type of MUTUAL combat situations, 9 out of 10 times, get dismissed before you even step foot in the court. He claims that it is due to no evidence of who was the aggressor and who started the fight (which I already know was the other guy) and that there were no witnesses except for both families.

Hopefully this shows a little "light" for someone else who may be involved in a similar situation.

I'll keep you posted as I find out more info.

[cdwjava]

Typically, yes ... but things sometimes happen that are atypical.

Keep us advised. Thanks!

- Carl