Full question:
An argument evolved on a party bus between me and a 'friend'. It escalated and I flipped her off. I was wearing a ring on my middle finger which she claims hit her in the face when I flipped her off. I do believe that the ring hit her in the face as I do remember touching her face when I did it. After this happened, she swung a beer bottle at my head which resulted in a split eyebrow and me having to go to the hospital for 9 stitches and a cat scan. When she threw the bottle, I picked up a bottle as well and threw it at her but missed. The police were called and she fled the scene. No charges were pressed on either party. My question is: What charges can I press on the person who swung the bottle at me and if she were to press charges on me, what could I possibly be convicted of with the given circumstances that I flipped her off and accidentally hit her in the face with my finger and I threw a bottle at her after she hit me with one?
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: National
Answer:
Assault involves an unlawful attempt to inflict harm, while battery refers to the actual infliction of harm. In this case, your friend swinging a beer bottle at you could be classified as assault and battery, especially since it resulted in a significant injury (a split eyebrow) requiring medical attention. You may have grounds to press charges for these offenses.
If your friend were to press charges against you, the court would consider the context of the incident. Flipping her off and accidentally hitting her with your ring could be interpreted as minor provocation, but it does not typically constitute a criminal offense. Throwing a bottle at her, even if it missed, could be viewed as reckless behavior. The court would assess whether your actions were intended to cause harm or if they were a reaction to her aggression.
Ultimately, the determination of charges and potential convictions would depend on the specific circumstances and the interpretation of intent by the court. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.