You are right in that the "defender" can still be charged. However, as weird as it is, the instigator does give up the right to lethal force.
The only exception is if he verbally and visually attempts to retreat from the fight. However, you won't always get the chance to do that. Many people that instigate fights probably aren't going to do it untill they have been smashed up pretty bad. So, it really becomes a bit of a mute point.
That is why if things look liking they are escelating I will say, "I don't want a fight tonight, I apologize." Then I leave. It becomes obvious to those watching and any cameras that I was not instigating and that I filled NC's duty to retreat.
I think I'm hijacking the thread, so I will stop at this point.
Here's my credo: There are no good guns, There are no bad guns. A gun in the hands of a bad man is a bad thing. Any gun in the hands of a good man is no threat to anyone, except bad people.