Legal Question in Criminal Law in Virginia

If you truly acted in self defense, you would have a defense to the charge. The key question is what was the reason you hit back. If you hit back because you beleived that was the only way to avoid being hit again, that is self defense. If you hit back because you were mad at the person for hitting you and you wanted to get him/her back, that is an assault and battery.

There is also a difference in the application of the law depending on whether you were in any way at fault in starting the argument to begin with. If not at fault, there is no duty to retreat before you can defend yourself. If you were at fault, however, then you would have had to retreat as far as reasonably possible and "make known your desire for peace by word or action" before resorting to the use of force to defend yourself.

It sounds like you probably have a good case. Give me a call if you want to discuss it further.