If a person comes on property where I live and insults me and I feel like this person is going to try to strike me can I hit first and claim self defence? What is the likelihood of jail time ?
2006-07-20 09:38:24 · 28 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Striking him first is not self defense, it's assault. You can be arrested and charged.
2006-07-20 09:41:58 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It depends on what the laws are in your location. If a person comes on your property and threatens you, you should call the police. I had a similar situation with a neighbor and his older son. I made the fatal mistake of talking with the dad concerning his son driving through my yard. It tore up the grass and broke the mailbox. I thought that he would appreciate that I didn't call the police. Boy was I wrong. This started an all out attack on me, my family and my property. I was in the process of moving away when the son, 16 years old, broke into my house and shot paint balls all through the living room. I caught his actions on several security cameras on my property. With this evidence, I called the police and not only pressed charges but secured a restraining order against him and his dad. Since they couldn't come within 500 feet of my property and they were only renters, they were forced to move. Once they left, I never heard from them again.
2006-07-20 10:50:42 · answer #2 · answered by Chainsawmom 5 · 0⤊ 0⤋
No you cannot strike him. You have to have reasonable fear of harm to your self or property before you can respond with even strength. If he can show at all that you had a chance to peacefully end the situation, then he is going to have your butt. Do not strike him. Contact the police. Just let it go and ignore him. It is going to cost a lot more money then protecting your hurt pride is worth.
b
2006-07-20 09:44:36 · answer #3 · answered by Bacchus 5 · 0⤊ 0⤋
If they are on property that you personally own, you can use the self-defense tactic. But if they did not assault you, probably nothing will happen. You will most likely be advised to issue a restraining order to keep them away from your property. Its not much for enforcement though. Your neighbor can still find ways to make you miserable. It really all depends on the judge too. If he's sympathetic to you or the neighbor. What did you do to your neighbor??
2006-07-20 09:43:40 · answer #4 · answered by carolinagrl 4 · 0⤊ 0⤋
Of course you can strike first as self defense, but make sure you have a witness that is not related to you or a friend, to support your story. Jail time! Well if you make the dude bleed that is considered assault, which is a misdemeanor one month to six month in a county facility. Now if it a slap or like I say a fart. One week to a month max.
2006-07-20 11:00:05 · answer #5 · answered by j1io 2 · 0⤊ 0⤋
In alabama you have to have your property posted "no trespassing" if not you first have to ask the person to leave before taking any action. However, you do not have to flee your own property or curtilage "the yard". You can protect yourself or your property, but do not use unnecessary force. You can't shoot someone for walking across your yard, but you can physically escort them off the premises using reasonable force. You would have to have "reasonable belief" that you or your property are in danger. Have you ever heard a man's home is his castle, I have a right to feel safe and secure on my own property or place of business.
2006-07-20 12:13:09 · answer #6 · answered by breeze1 4 · 0⤊ 0⤋
Get him fired up and let him hit you on your property then you'll be in the right 2 times better I don't know to tell you the truth but I hope the situation is ruled in your favor if anything comes of this!
2006-07-20 09:43:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No, don't hit him! You will be the one to get in trouble, when he is really the psycho. Definitely report him to the police, have him arrested for trespassing and harrassment. ALWAYS take the higher ground so there is nothing he can use against you. If he's nuts enough to come on your property and yell at you, he's nuts enough to make stuff up. Keep your distance.
2006-07-20 09:54:30 · answer #8 · answered by smartbunny 3 · 0⤊ 0⤋
No you can not strike him first.
In many states the law states you have to try to flee, if you beleive you are in danger and then merely call the police from safety.
If this is your first offence, most likely probation and a fine.
2006-07-20 09:42:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No unless he strikes at you first you can not hit him. Go ahead and notify your local police department of the situation and have a restraining order issued if necessary and let the cops do their job.
2006-07-20 09:42:13 · answer #10 · answered by Rainbow Bright 2 · 0⤊ 0⤋
You are not allowed to claim self-defense unless you had serious reason to believe that your life was in immediate danger. I would suggest going into your home and calling the police immediately - I am sensing that you probably already knew that though.
2006-07-20 15:42:42 · answer #11 · answered by Anonymous · 0⤊ 0⤋