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I was charged for assault for defending myself after being…

Customer Question
I was charged for...

I was charged for assault for defending myself after being attacked. The other party was not charged. Can I charge him for assault as well

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Dayton ohio

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes he said I may have to pay a fine

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is if fair to pay or go to jail for defending myself

Submitted: 4 months ago.Category: Criminal Law
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3/11/2018
Criminal Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13,332
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Criminal Lawyer: Legal Eagle, Lawyer replied 4 months ago

2903.13 of the OH Code says that assault is against the law. Self-defense is a recognized defense against the crime of assault. In your case, if you are being charged with assault, you could use the well recognized defense of self-defense to beat that claim, but you could also press charges for assault against the other person if they started the fight. .

You may also have a civil case against that person, too. This appears to be a case of battery. A battery is when someone engages in an harmful or offensive touching. The plaintiff doesn’t have to suffer pain as a result of the battery. The defendant just has to have touched them in some harmful or offensive way. This could include everything from a punch in the stomach to sexual groping. The damages that are available here are typically whatever would be necessary to compensate the plaintiff. For example, medical bills, pain and suffering, therapy bills, etc. are compensable.

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