Is this aggravated assault with a deadly weapon or self defense?
Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber’s weapon and uses it against the robber during a struggle won’t be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm. In many states your case would NOT be self defense because he swung the bat more than once. Instead of waiting for the man to come at him again he should have left immediately and called 911. It seems stupid but thats the law. And this is simply by going by your own story. I am almost positive the police are questioning why nobody called 911 at any time during 3 seperate attempts to attack your husband with a weapon.
