Okay so back in May of 2019 I was at a party with my friends. There was a fight between a bunch of girls , and I was just watching at first. I then seen one of my friends try to break it up and while she was trying to break it up she got hit by a girl which my other friend seen and pulled her off of her and hit her twice knocking her to the ground as I got that on video. I then yelled at the girl to get away from my friend and she screamed “YA” and came after me hit me, so I hit her back 3-4 times. And she went to the hospital the next day with a severe concussion. But the next day after her concussion I had seen her at the same hotel I was at swimming. But later on pressed charges and I am facing a felony battery assault bodily harm.
Having a concussion or not has nothing to do with swimming. That’s a bizarre defense. But there may be a self defense issue here.
You need to hire an attorney to help you fight this. The swimming pool defense is going to result in a quick guilty verdict against you.
What should you do? You should obtain the services of an experienced criminal defense attorney immediately. You should also attempt to get copies of any video recordings of the incident and get those to your attorney. Be aware that hitting someone back may not exactly be the same thing as self-defense. Self defense requires that you use reasonable force to stop someone from illegally interferring with your person (or someone else's person). If someone hits you and then runs away, you cannot claim self-defense when you run after them in order to get "payback". You may only hit them back if they are standing there looking like they are going to take another swing at you. If you hit them once and it is clear to all observers that the person who hit you is now done and out of the fight, you may not hit them several more times for good measure and then successfully claim self-defense. If you were my son (which you are not), I would advise you to find some better friends to hang out with.
Get a lawyer and take it to trial if you both think you have a good case.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
Your first step needs to be to retain a local criminal defense attorney as quickly as possible, if not sooner.
I'm an attorney, obviously, and I'm licensed to practice in Wisconsin, but I'm not your attorney unless and until you retain me or my firm. As such, nothing I post here should be considered personal, privileged, or formal legal advice. #IANYL
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