I can't say whether you did or did not commit assault and battery as I was not there but I can tell you the elements of these crimes.
When it comes to Assault and Battery, intent is an essential element of both offenses. Generally, it is only necessary for the defendant to have an intent to do the act that causes the harm. In other words, the act must be done voluntarily. Although an intent to harm the victim is likely to exist, it is not a required element of either offense. There is an exception to this rule for the attempted battery type of criminal
assault. If a defendant who commits this crime does not have an intent to harm the victim, the individual cannot be guilty of the offense.
So basically the law states that if someone voluntarily punches someone it would constitute assault and battery.
However self-defense can be asserted as an affirmative defense. Meaning that if someone runs into a person, the person might feel that he is being attacked and respond with a punch.
The fact that 2 months have passed is a favorable fact, however one of the biggest issues is going to be witnesses and also your prior criminal convictions which are likely to play against your chances of avoiding charges being pressed in this case.
The cops and prosecutors are very likely to question the fact that this guy has waited two months to report it and if he claims that it was because you promised to pay for his medical bill, they might just tell him to sue you in a civil court
, but of course they can also make an arrest and file charges.
Also you might be able to claim that it was simply an accident (if that is your position and perception).
Also if this guy is threatening you with police if you don't pay for the medical bills, that my constitute blackmail in itself, as the legal way would be to take the matter to civil court to collect on your promise to pay and not to use a threat of a police report
to put pressure on you.
I would also strongly suggest that you consult with a local attorney and have that attorney review all the relevant facts and evaluate your situation. A local attorney might be able to settle into some type of settlement with this guy, as you have to keep in mind that even of you pay all of his medical bills, he can still successfully press charges against you.If you are satisfied with my answer, I would appreciate if you would click on the accept button.
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