What is my chance of reduced charge or self defense defense.

Asked almost 4 years ago - Tallahassee, FL

I was charged with aggrevated battery. I have 3 felonies over 8 years old. Burglary, aggrevated assault and another non violent conviction.

I was in a bar when a man tried me. Witness reports and video show that I smashed a beer mug on victims temple resulting in a moderate laceration. Reports say that victim did not have a chance to defend himself. Both the victim and I were reportally intoxicated and the victim said earlier he was going to kick my ass.

Attorney answers (2)

  1. Stephen Andrew Mosca

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . The answer to your question depends entirely upon factors not reviewable on this forum. Who the victim and prosecutor are, what the video shows, the credibility of the witnesses, any statements made by you and under what conditions, and other factors will all play a role in whether you can get a reduced charge (simple battery, for example) or assert self-defense, or in determining what a trial outcome may be.

    Generally, I can say that someone's words alone are not enough to justify violent action. Get a good lawyer and good luck.

  2. Ronald S. Pichlik

    Contributor Level 18

    Answered . The state might offer you a plea agreement of some sort. However, just from the facts you have describe I wouldn't expect it to be an agreement to your liking. The objective evidence, the video and statements have you busting a beer mug over the other guys head, for which he has a laceration. All of this objectively supports the claim that you assaulted him while armed. Other than what you have stated here it doesn't sound like there's much, if any self-defense here. If a person says "I'm going to kick your ass", you don't get to hit him in the head with a beer mug. Words alone and by themselves never give rise to self-defense. Self-defense is viewed as a person using the appropriate amount of force to repel an attacker, or defend oneself from imminet and immediate attack. You should also be aware that voluntary intoxication is generally not a recognized legal defense. Your going to need a lawyer to assist you in this matter.

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