My brother formerly worked in a Social Security Administration building. When my brother went to pick up his check from hr, he was informed his check was mistakenly given to another co-worker. My brother inquired the co-worker for his check. The co-worker replied, "I don't have your check." My brother went back to hr and informed the co-worker stated he does not have his check. Hr informed, the co-worker does have his check; thus my brother inquired the co-worker again. At this time, conversation became heated and the representative from hr came out and said, "give the boy his check." The co-worker stated, "take your f***ing check!" and threw it in my brother's face. Then my brother punched the boy in his face and a fight ensued. The police came out to the scene and they were both released. My brother was issued a court date for assault. Does my brother have any rights in the matter? Why was he charge with assault when the guy threw the check in his face out of anger? Your assistance is appreciated.

