I think I read one of the tips where it said you can sheathe your weapon and the guard(s) will stop fighting you, accept your tield and try to "arrest" you. Whatever that means.
If I was in your situation, I would try to run away, come back with an unsheathed weapon, let them hit me a couple of times, sheathe the weapon and see what happens. Just a wild guess here.
Well I'm out of ideas then. According to the wiki, sheathing your weapon while in combat counts as a yield, so the guards should try to arrest you (initiate dialog?).
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