Criminal Law Questions? Ask a Criminal Lawyer.
Dear XXXXXmy 500
This is most unfortunate situation. Who has been charged and what are they?
Thanks ~ Michelle
Ok. Well, you are going to be able, of course, to state the facts and that you were only retaliating - of course, a judge is going to wonder about your ability to manage your anger - however, if you have witnesses that would really help your case. And, if you can explain the timeframe from the time she threw her drink to the time you "reacted" that might help to show that it was a natural reflex, response so to speak.
I do not think you will be found Not Guilty. It appears the sentence is a mandatory one and I suggest you contact a local attorney to work with you
" § 11-5-3 Simple assault or battery. - (a) Except as otherwise provided in § 11-5-2, every person who shall make an assault or battery or both shall be imprisoned not exceeding one year or fined not exceeding one thousand dollars ($1,000), or both."
If you have been charged with a Felony assault the penalties are greater
Thank you for your patience while I researched the law and typed the answer.
Best to you in this matter,
If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle
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