Can the victim in a felonious assault case be charged if self-defense is proven?
Question Details: My girlfriend attacked me with a knife and is being charged with felonious assault. She has a lawyer and is trying to say that I attacked her and have been abusing her for 2 years, which is false. There are pictures of my injuries and also my daughter's testimony saying that she thought my girlfriend was going to kill me. I also still have the hoodie with the knife holes.
You are putting the cart before the horse, so to speak: self-defense is not proven until and unless a court finds that this was a self-defense situation. Until there is a court decision or determination, nothing is "proven" in a legally binding sense. So someone can be charged if the authorties believe they committed assault, even if there is evidence of self-defense; the person can then raise self-defense as a defense to the charge at trial. Charging only requires that the authorities believe that there is reason that a reasonable person (i.e. not a stupid, crazy, or biased one) could believe that the offense was committed, but nothing is actually "proven" until trial.