Assault charges

[loglady]

What is the name of your state? California

My brother and I are having a legal debate that perhaps you folks can settle. Say someone punches you, and you want to file assault charges. Would it be more difficult to get a conviction if you hit the guy back in self defense? Now, I'm not asking if you have the legal right to hit back; of course you do. I'm asking if hitting back would make the case tougher to prove. If so, how much tougher?

Let's assume that there are no witnesses, and both parties are grown men.

jeremy

[teflon_jones]

Yes, it would make it more difficult if you hit them back. The other party could then claim you hit them first and they were defending themselves and you could find yourself the one in jail.