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Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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a women threw her mixed drink in my face. after i had a ...

Customer Question

a women threw her mixed drink in my face. after i had a mixed drink on my face i went to throw beer in her face out of my heineken bottle and the bottle slipped out of my hand and cracked her face open. who''s going to be at fault in court
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Michelle replied 9 years ago.

Dear XXXXXmy 500

This is most unfortunate situation. Who has been charged and what are they?

Thanks ~ Michelle

Customer: replied 9 years ago.
Reply to Michelle's Post: i have been charged with an assualtt and battery on the women
Customer: replied 9 years ago.
I have no record at all anywhere and I am in the national guard I don't know if that will help any the other women has been charged with illegal posession of marijuana in the past
Expert:  Michelle replied 9 years ago.


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