Legal Question in Personal Injury in Georgia

Self Defense for spit

I was at a gas station when the owner came out shouting and yelling. I decided to leave and not get into an altercation with the man. The he goes to yell, cuss and scream at an innocent bystander (female). I told him he needed to watch his self because his actions were uncalled for. He tells me he wants to kick my ass so I get out of my truck and tell him to hit me, but that I would fight back. The man then spits in my face, my reaction is to punch him, but he turns and runs (my thoughts are that he is going for a gun), so instinct kicks in and I grab him by his collar and pants and throw him into a wall, which knocks him out. The police get there and say it is battery on his part, and assault on mine. That if either of us press charges the other will too, and we'd both end up in jail. They wrote us both out tickets for disorderly conduct. The store owner was taken to the hospital, which I later found out he came away with a broken arm.

We are going to magistrate court for the altercation, if my actions are deemed as self defense, can he still sue me for breaking his arm?

Asked on 5/12/08, 8:50 pm

2 Answers from Attorneys

David Lipton David A. Lipton & Associates

Re: Self Defense for spit

You should contact a local attorney and discuss the fact pattern and all of your possible alternatives.

David Lipton

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Answered on 5/12/08, 9:22 pm

Richard Hobbs Richard D. Hobbs and Associates

Re: Self Defense for spit

Run, don't walk to get a lawyer in Criminal defense work.

Don't talk to anyone else. You are a talker and you need to be quiet and get a criminal defense attorney NOW.

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Answered on 5/13/08, 10:05 am

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