I own a small business and a guy comes in and nails me in the face. I proceed to fight him until he is not coming after me. I call the police and they arrest both of us. After the fact they find a gun in his pants. They say that I should have not fought back and I would not have committed a crime. Is this right?
2006-09-19 06:41:13 · 19 answers · asked by I am Jared From Subway 3 in Politics & Government ➔ Law Enforcement & Police
You will always have the right to defend yourself. Self-defense will always hold up in court, unless you used excessive force.
2006-09-19 06:48:37 · answer #1 · answered by TY 5 · 1⤊ 0⤋
yes i am sorry but it is, it is not their job to tell you that you were correct in hitting the person, that is the judges job. When they get there they need to diffuse the situation immediately then ask questions, if it is found that you were defending yourself then you will have no charges against you. it is the act of hitting is what they are there to stop, just because you got hit first does not mean you did not hit. it is different for different departments, some have leniency with this type of thing others do not. You may have an officer that sees things in black and white and always goes by the book. I am sure when you tell your side of the story in court, if it is the way you say it happened, you should be cleared of all charges.
2006-09-19 06:50:51 · answer #2 · answered by NolaDawn 5 · 1⤊ 0⤋
No. It wasn't. I'll venture to guess the guy waasn't white which is why you got arrested. And they say we don't have a big problem. This is key. Anyway, all are innocent until proven guilty. Let the judge hear your story, gather your witnesses if any or your security tapes. File your charges and hire a competent attorney. Be prepared to launch a civil suit offensive of your own. It will be a big help.
2006-09-19 06:43:47 · answer #3 · answered by profile image 5 · 0⤊ 1⤋
No matter what the cops or the law says, you were defending yourself and you didn't know about the gun!, I am sure if you knew you would have try to avoid a fight. Just be clear and honest most of all!! don't you think?
2006-09-19 06:44:17 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Nine out of ten times, the police will arrest both parties until they can sort out the legalities. I doubt very seriously if you have anything to worry about. It's not really up to the police whether or not you will be charged, it's up to the DA.
2006-09-19 06:50:03 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The police weren't there to see how the fight started.. so in most cases they will arrest both parties then investigate...get yourself a lawyer and it will be handled..
2006-09-19 06:49:33 · answer #6 · answered by limgrn_maria 4 · 1⤊ 0⤋
Morally, no, I do not think it is right. Were you supposed to allow the guy to keep attacking? To kill you?
As for the legal part, you need to consult a good lawyer.
2006-09-19 06:43:29 · answer #7 · answered by innocence faded 6 · 0⤊ 0⤋
That is wrong, you had no choice but to defend yourself and it is wrong of them to tell you that you should not have hit that person. What are you suppose to do let him beat you up and he also had a gun.
This is so wrong you need to report this to the authorities... (Good Luck)!!
2006-09-19 06:46:58 · answer #8 · answered by Vicky 6 · 0⤊ 0⤋
You both were fighting and its your word against his to a point. The courts will have to figure it out.
2006-09-19 07:37:07 · answer #9 · answered by Rob 4 · 0⤊ 0⤋
Defending yourself is not a crime.
2006-09-19 06:43:21 · answer #10 · answered by Timeless - watcher 4 · 0⤊ 0⤋