Can you be charged with assault for hitting someone after they provoked you? Maybe. But there’s a high legal bar to prove that you acted in self-defense during a fight.
Someone may be charged with assault—even if they didn’t throw the first punch–if they “(1) commit an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflict or attempt to inflict bodily harm upon another.” Minn. Stat. § 609.224. Thus, under this statute, someone who punches an aggressor in retaliation may be convicted of assault if the punch was intentional. YOU bear the burden that your actions, although they meet the elements of the assault statute, were nevertheless justified.
Self-defense seems to be a justifiable reason to hit someone back. Even fifth graders at recess can probably be heard saying, “But he started it!” The reality is that it can be difficult to prove someone was acting in self-defense. Hitting someone back in the name of self-defense is a tricky legal line to walk. A defendant may have a claim of self-defense if they are able to show:
- They did not provoke the other person;
- They believed they were in imminent danger of great bodily harm;
- The fear of great bodily harm was reasonable; and
- They did not have any other reasonable way to retreat from the situation.
Again, you need to prove that all of these things are true in order to get off the hook for an assault in the name of self-defense.
I hit someone back. What does this mean for me?
Assault charges are serious, but an experienced attorney can assist you in determining if a self-defense claim is appropriate in your case. Our team has experience helping clients who are faced with these situations. If you would like to connect with an attorney on our team here at Brandt Kettwick Defense, give us a call today at 763.421.6366.