Our friends at TMZ are reporting that Chris Brown will only accept a misdemeanor charge and no jail time because Rihanna drew first blood.

Brown’s laywers say it will not qualify as a felony because Rihanna was the first one to throw a blow, striking and slapping Brown many times as he tried to drive.   TMZ sources say this cooperates a statement that Rihanna gave police right after the incident.

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It may be an uphill battle for Brown working this defense as most times a jury will side with the woman, no matter who started the altercation, sighting a unfair fight.

According to a detective’s notes, Brown sent a text message to Rihanna’s assistant basically admitting the whole thing and stating he was seeking help. This could prove devastating for the Brown defense.

Much more graphic photos other then the one released by TMZ are also expected to come into evidence.   The photos will show a badly beaten Rihanna, the case will be made as an unscathed Brown was also pictured.