I was attacked by this girl at school and she got suspended. The principals want me to press charges against her, but i don't want to. I'm afraid that when she comes back to school, she'll be back out to get me. If she attacks me again, I'm going to fight back. Does anyone know if I can still press charges against her if I fight back when she attacks me again? Any information is appreciated!
2006-10-23 10:38:48 · 8 answers · asked by curious 1 in Social Science ➔ Other - Social Science
once the assault has been committed, events that happen later dont change that... The law has recognised for hundreds of years that a person is entitled to defend themselves against unlawful interference with their body, so long as the force used in self defence is reasonable. So if you defend yourself and end up hurting your attacker, that wont pose a problem for you as long as you didnt go overboard... eg, if she attacks you with her fists and you defend yourself with your fists, or your school bag or whatever, that should be ok. If you defend yourself with a rock or a knife or a gun, you'll (probably) be in trouble with the law too.
But regardless of that, if she attacks you without provocation, she has committed assault and can be charged. The way you defend yourself only changes whether you can also be charged.
2006-10-24 02:42:55 · answer #1 · answered by dave_eee 3 · 0⤊ 0⤋
Firstly, I think you should follow your Principal's advice. If a conviction is registered against her or she is placed on a bond, then if she commits a second similar offense she will be in BIG TROUBLE. Once she unlawfully strikes you she commits an assault. You are not required to fight back for an assault to be committed by her. You can use reasonably force as is necessary to defend yourself. If you expect her to attack you again, then why wait for the next time to press charges?
By the way, you should not be planning to fight. If you can avoid the situation at all, then please do.
2006-10-23 10:53:23 · answer #2 · answered by Einmann 4 · 0⤊ 0⤋
Just make sure that she's the first one to attack you. Then, you can press charges against her even if you fight back. After all, it's just self-defense and no court will prosecute you for doing that. Be careful...and if possible, never be seen alone when you're inside the campus. That way, you'll be safer and you'll have a witness to testify for you just in case you'd design to press charges later.
2006-10-23 10:46:26 · answer #3 · answered by dolly m 2 · 0⤊ 0⤋
Press charges! Then get a restraining order against her. If she even threatens you in the future she'll find herself in the Pokey for quite some time. If she attacks you again, you have every rigth to defend yourself.
But....press charges
2006-10-23 10:59:39 · answer #4 · answered by Danielmcfate 2 · 0⤊ 0⤋
Yes, press charges and defending yourself does not invalidate her assault on you.
2006-10-23 10:42:15 · answer #5 · answered by nursesr4evr 7 · 0⤊ 0⤋
You may have a problem. She bumped you. Were you antagonizing her? What was the argument. You escalated it when you threw the first punch. You had better have witnesses, scratches or bruises or you may be the one who gets to look out through the bars. Both of you need anger management classes. I strongly suggest you go into the courtroom with an attorney. You need one. Sorry......Sometimes the truth hurts. Tell your story to an attorney and take his/her advice. If you walk in with the above story, you may not walk out for a few days.
2016-03-18 23:17:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I would press charges - THEN if you hit her next time - you have the upper hand - you have proof that she has done it before,
2006-10-23 10:46:22 · answer #7 · answered by gaiagurl 4 · 0⤊ 0⤋
yes you should she attacked you, you may have defended your self but you do that almost naturally
2006-10-23 10:45:41 · answer #8 · answered by daniellie 1 · 0⤊ 0⤋