Just today, a young male parked in my parking lot and was having a very loud verbal fight with his girlfriend until I saw him take her by her hands and shake her. He was throwing undefined objects around my parking lot and saw him pick one of those items around my car.
Afraid he was going to hit her (as he was shouting and physically "man-handling" her), I defended myself with a baseball bat just in case I either had to stop him from hurting her or from hurting me. As he saw me come out, I shouted for him to leave but he refused! Instead he brought out his own defense -- a pole and lunged after me. My grandfather yelled at him to stop and instead the young man urged me to hit him. Of course, I didn't. If I hit him first, I'D get into trouble. Finally, after a few moments of him still urging me on, the girl asked for them to leave. As they left, I was able to get a license # and the make of their car.
If there is a next time, WHAT SHOULD I DO? LEGALLY? WHAT ARE MY RIGHTS?
2006-11-20 12:56:49 · 5 answers · asked by girlwolf 2 in Politics & Government ➔ Law & Ethics
This is less a question of rights than of what kind of conduct the law allows. Self-defense isn't generally spoken of as a "right" as such, but it's pretty much always allowed.
In this case, you were coming to the defense of someone you believed to be imminent danger of bodily injury. In these cases, you are permitted to use any force against the assailant that you would be able to use if he were coming after you. Now if you were somewhere else, you would probably have a "duty to retreat", but if you were on your own property, you probably don't have any such duty. If he attacks you with a weapon, as he did with the pole, you can go after him, and aren't required to back down.
Right now it looks like you've got a good case for trespassing, assault, etc. If you contact a lawyer, he can initiate legal proceedings that will enable you to subpoena the DMV's records, find the person that did this, and sue him. Assault is generally worth a few grand anyway, as is trespassing. Again, get in touch with a lawyer. He'll know the ins and outs of your particular jurisdiction.
2006-11-20 13:08:34 · answer #1 · answered by Ryan D 4 · 0⤊ 1⤋
Your rights and duty are to call the police. What you did was wrong. You were antagonizing him and could have caused things to escalate further, hurting yourself and her. It is good that you did something (just not the smartest choice) instead of closing your door and ignoring it.
I am glad you were not goaded into hitting him. It would really suck if he brought charges of assault against you and then suing you....and I am sure that is what he wanted to to.
Proud of you for at least trying to help :)
2006-11-20 13:06:17 · answer #2 · answered by Anonymous · 1⤊ 1⤋
File a case of public scandal against the persons who fought in your property and damage to property if applicable.
2006-11-20 22:45:50 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
Call 911 and report it. You have a parking lot on your property?
2006-11-20 13:02:17 · answer #4 · answered by Anonymous · 1⤊ 1⤋
CLUB HIMLIKE A BABY SEAL
2006-11-20 13:00:47 · answer #5 · answered by George H 1 · 0⤊ 2⤋