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If you strike them first, you commit assault, and any nearby guards attack you.
Makes no difference if the guard is an Imperial Soldier, Stormcloak or local guard.
Even if nobody should know you struck first, you will still get the bounty eventhough they're attacking you.
Yeah, happened to me in the Markarth Keep, where I tried to get rid of Ondolemar. I wanted to get rid of the quest of accusing the Markarth Tavern bard of worshipping Talos. Got that quest accidentally and finally decided to get rid of it when it was too late, because I had no quick/auto saves before that. My Archery was 15, so I couldn't just one-shot him with a bow. Tried to cast Fury and got attacked by the guards every time. I came back much later, with tha maxed-out Archery and one-shotted him with a Crossbow.
Well, watching Imperial Guard vs Thalmor, fighting for the first time during my own playthrough, it was incredibly satisfying to experience anyway.