Can I use initiating contact as a defense in a second-degree assault charge because the incident occurred at my residence

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Can I use initiating contact as a defense in a second-degree assault charge because the incident occurred at my residence

the individual entered my apartment i told her to leave and she resisted resulting in a physical altercation and she went to the court system before i did and is charging me with second degree assault.i have text messages from the day after of her harassing me to “come get some more” and pictures of the bite and bruise mark she left on me. what charges can i counter file in defense to win?

Asked on July 2, 2009 under Criminal Law, Maryland

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Not knowing all the facts of your case I recommend that you seek a lawyer in your state who has experience handling assault cases.

The common defenses to assault include self-defense, and the claim that the person charged with assault did not start the altercation.

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Not knowing all the facts of your case I recommend that you seek a lawyer in your state who has experience handling assault cases.

The common defenses to assault include self-defense, and the claim that the person charged with assault did not start the altercation.


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