Detroit, MI asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for Indiana

Q: Someone who commits battery against a person w/ c.ptsd disability then reports disabled person could be charged w/what?

After a verbal insult he lunged 2 grab me puts me in headlock smashing face/nose where I heard nose crunching, & couldn't scream breathe as he's twice my sz. in attempts to free myself he sustained 2 minor scratches yet he reported it & had me arrested for battery while I, in efforts not 2stress our family already under substantial stress further, refrained & was arrested charged w/battery when I was only defending myself /trying to get away. Im on disability for chronic ptsd from years of domestic abuse which he was aware. He touched me first, I only was attempting to free myself. This caused my child trauma from seeing me be arrested & taken to jail, caused addional trauma/stress to myself from the battery and having to sit in jail for 2 days till I could bond, caused financial burden on myself on limited income. Happened @ residence of elderly 85 yr old grandfather recovering from lengthy hospital stay whom I was bringing food for dinner over to. He was in bathroom at time of.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that you may have a valid self-defense claim against the battery charges. In many jurisdictions, individuals have the right to use reasonable force to protect themselves from imminent harm. Given that the other person initiated physical contact by grabbing you and putting you in a headlock, your actions to free yourself could potentially be justified as self-defense.

However, the specific charges you could face depend on the laws of your jurisdiction and the discretion of the prosecutor. Some possible charges might include:

1. Assault and/or battery

2. Domestic violence (if the attacker is a family member or intimate partner)

3. Disorderly conduct

To protect your rights and build a strong defense, you should consider taking the following steps:

1. Consult with a criminal defense attorney who can assess your case, explain your legal options, and represent you in court.

2. Document any injuries you sustained during the incident, and seek medical attention if necessary. Medical records can serve as important evidence in your defense.

3. Gather any additional evidence that supports your account of events, such as witness statements, photos, or video footage.

4. If you haven't already, consider filing a police report to document your side of the story and the fact that you were acting in self-defense.

5. Explore the possibility of filing a civil lawsuit against your attacker for the physical, emotional, and financial damages you have suffered as a result of their actions.

Remember, it is crucial to have proper legal representation to navigate this situation and protect your rights, especially given your disability and the complex circumstances surrounding the incident.

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