Arrested for assault but was in self defence

[milly12]

I was recently involved in an incident with my ex partners ex wife. An aurgument between us ending up where she jumped on me and was punching and kicking me. I must have struck out at some point and she apparantly had a small bruising by her eye and slight scratches. The injuries I had to my face were quite severe, I had two black eyes, swelling and bruising to my forehead and a gash under my eye that was stitched, swelling also on my head.I was kept in hopital overnite and the following day The police visited me at home and arrested me for assault!!!!

Rather shocked as to what was happening I went to the police station was fingerprinted dna etc.... as ive never been in trouble before. I was questioned by the police told them exactly what happened even though they could see this by looking at the injuries to my face. I have been told that they will be making an arrest to this person at a later date! Im just concerned that I will get a conviction for assault when I was trying to defend myself and get her off me. would be grateful of any advice given and thanks in advance.

Thanks for reading!

[Philtaz]

Any witnesses to the incident? If so it sounds as though you were defending yourself, as you've every right to.
As your injuries have obviously been documented at the hospital you ought to make a counter allegation. The gash you received constitutes wounding i.e. GBH.

If you make the counter allegation I would imagine the CPS would doubtless realise that you were defending yourself and therefore decide against a prosecution against you, however nothing is certain.

You need to speak to a solicitor at your earliest opportunity though.

[milly12]

Thanks very much for your quick reply Mark. Yes I did have a witness to all of this, they have given a statement to the police also. Can you explain what a counter allegation is!

Thanks

[RATTER15]

Sounds like a job for Jeremy Kyle!

[Philtaz]

I've been called many things in my time but Mark isn't one of them....!

A counter allegation is one where the female who allegedly assaulted you may claim that you were the one who assaulted HER first, but you will counter-claim that it was her who instigated the fracas that ensued, thus you will counter-claim a case of ABH/GBH by her upon you.

The witness to the whole incident will prove crucial, as indeed will the recording of your injuries.

Best of luck.

[RATTER15]

A counter allegation is simply an allegation made by the opposite party, you made an allegation against her, she made a counter allegation against you.

[milly12]

Jeremy Kyle??

[milly12]

lol! yes sorry just quickly read reply there took your name as being mark! only just realised! well im new here first question Ive asked sure you can let me off! lol.... thanks anyway.

[Philtaz]

No problem, best of luck.