Assault & Battery confused - suspect and victim

[guestpost]

How do u become a suspect and victim in the same case?? We fought she hit me first n it's all on video and the det.has seen the video n says in order for me to press charges we both have to go to jail

 

[Michael Wechsler]

I don't know the details. It is possible that "she" filed a complaint against you which will ultimately be dismissed.

 

[mightymoose]

Yes, likely a citizen arrest situation since the officer didn't witness the fight. You both make a complaint against each other, you both go to jail, and in the end nothing happens in court because it was mutual combat.
It doesn't matter that you were hit first. If you hit back you opened the door to becoming a suspect and being arrested.
Hitting back is not always self defense. More often than not it is retaliation that is excessive compared to the level of violence that initiated everything.