My son in law threatened to hit my daughter, his wife. He had, in the past, threatened my wife with a bottle. I was upset. I beleived that he had been physically abusing our daughter (we all live in the same house) and my suspision was confirmed by our daughter after the incident that I am relating to now. we were in the kitchen after he had threatened her. I asked him why he only threatens her or my wife. Why dont't you threaten me? He took that as a threat. I said it is not a threat. You want to hit my daughter who is weaker than you are so why don't you hit me? He said that" you will only call the police" I said no I won't. He then rushed up to me and got in my face angered and was actualy touching my body with with his without my permision I pushed him to get some space between us and he tried to hit me. I blocked hit him three times and stopped. He picked up a chair and tried to throw it at me. I grabbed it and we were playing tug-of-war with it. I twisted the chair from him sat it down and he started running up stairs to his room. he stopped and told me to get out of his face. I said "I'm not in your face" He then hit me on top of the head and ran into his room. He later went to the ER and claimed that I broke his hand. My wife and daughter isisted I call the police. They came and question us both and determined he was at fault and wanted to know if I wanted to charge him. I declined forour grandaughter's sake He filed charges on me 2 days later. I filed the next day against him 1.) Am I at fault for assault even though he got in my face and made first contact.
2 Answers from Attorneys
You should seek a confidential consultation with an experienced criminal defense attorney. That person can assist you in evaluating the states case, any defenses that you might have, and any plea offer that might be made, in helping you decide whether to plea bargain or go to trial. Even if you were convicted, an attorney can assist you in presenting mitigation, allocution, and a recommendation for a more lenient sentence.
Online posts are not confidential. If somehow the prosecution would find your post, it might be used in evidence against you.
It definitely sounds like a viable self-defense argument to me. But Mr. Welch is right, you definitely don't want to fight this alone. I'd be worried that the State's Attorney (unaware of the history) will simply dismiss the charges you filed as retaliation. Get a lawyer ASAP to try to make sure that doesn't happen.
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