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:
An assault is any unlawful attempt or offer with force or violence to do bodily harm to another, which may involve extreme carelessness. It generally requires an intention, coupled with a present ability, of actual violence against the person. When the injury is actually inflicted, it amounts to a battery.
It would be a matter of interpretation for the court to determine whether the intent to inflict harm was present or not. While a person may not intend to actually strike another, if a person's actions could reasonably be foreseen to result in injury, he/she may still be liable. What is reasonably foreseeable is a subjective determination made by the court on a case-by-case basis, taking all the facts and circumstances into account.
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.
