Following on from my last question, I contacted the police about my brother. He came to my house again last night complaining that the police had spoken to him. He threatened me and my wife and I hit him. He has just phoned to say that he has informed the police and is pressing charges.
What can I expect to happen now, am I in a lot of trouble?
2006-11-28 17:30:48 · 16 answers · asked by R G 3 in Politics & Government ➔ Law & Ethics
OK Ross, I've checked out your previous question and I think you were absolutely right to report him to the police. Anyone wielding a knife, especially if they're under the influence of drugs/drink, is potentially very dangerous, brother or no brother.
Now you've assaulted him this does complicate matters, it's true, however in coming round and threatening you your brother was also committing further crimes in trying to intidimate you and threatening you. If the police contact you, you must make sure that you have a solicitor and that they are fully informed about the circumstances. If the police and the Crown Prosecution Service have enough evidence you may be charged with Common Assault and find yourself at the Magistrates' Court. It may never get to that, however, because at the moment it's a "your word against his" situation. Presumably they didn't arrest your brother for possession of an offensive weapon for the same reason (or is he on police bail pending further enquiries?).
If your brother comes to the house again, or threatens you in any way, call the police THEN. Don't wait until afterwards! If they catch him in the act he will be arrested and it will avoid this kind of situation where they really have no evidence other than what the two of you are saying about each other.
2006-11-28 19:15:04 · answer #1 · answered by purplepadma 3 · 1⤊ 0⤋
Some good answers here already. I'll add this You are allowed to defend yourself. That means that you are allowed to do what you must to render the threat harmless, or to escape. You do not have the right to injure anyone beyond what is necessary to either escape or render the threat harmless. In other words you are not allowed to over react or to pound on someone after they are no longer willing or able to hurt you. Legally if you are grabbed that is assault by law. If someone balls up their fist it can also be considered assault if they are the one starting the confrontation. In some cases it is OK to attack the attacker. But be damn sure that you can prove in court that it was necessary in order to keep yourself from harm. Otherwise you will be charged as the agressor instead of the real one. Know also that who is at fault can be determined other ways. For example, If someone pulls a knife or gun, and you should kill them while they are holding the weapon. That is considered self-defense. However, If you disarm the attacker and then kill them, you are guilty of murder. Why, because legally there must be two things present for it to be self-defense. The attacker must have the means and the intent. Once he gives up or has been disarmed, both are not present. Best to check local law too. They vary a bit from one place to another. In any case if someone is killed, a jury is the one that will decide if it is self-defense or something else.
2016-03-29 15:14:57 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It depends on how you hit him. Was it one punch or did it escalate into more? Your brother can press charges but the police will decide whether to pursue it further or consider it domestic violence. If they decide it is a domestic then it will be dropped. However, there are many factors here and it boils down to the fact that it doesn't matter what threats were made etc, it was you who hit out first! It seems totally unfair but the law considers the act of violence itself illegal - no matter what the provocation.
Speak to the police officer investigating the matter and ask them. Tell them you're concerned, you have no idea what to expect and see what they say. In situations like this they can be very sympathetic and will advise you the best way forward. They have dealt with many cases of this nature and they would have a better idea of how things progress as well as know all the facts.
Good luck!
2006-11-28 17:40:36 · answer #3 · answered by JACQUI S 3 · 0⤊ 2⤋
So your brother came to you house and threatened you and your wife with a knife because his behaviour is becoming more psychotic as a result of his drug habit.
In comparison, you hit him once because he came round again to threaten you.
And you think that he might have a better case against you?
VERY unlikely. Besides, if it does come to it, how's he going to get a good defence? Police will be on your side. Just report him again and seek advice on what you can do next. The police will probably be glad to help as they can then leave it to you and will not have to get involved again.
2006-11-28 18:08:26 · answer #4 · answered by jinz 5 · 2⤊ 1⤋
I read your past question relating to this and the best advice I can gave is keep a dairy of events every time he threatens you and your wife. Try and get him into rehab is well before it's all too late. As for the assault charge just tell the police what happened.
2006-11-28 17:50:04 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Okay, you contacted the police about your brother. A good thing wasn`t it as now you have the proof you need that he has come back and threatened you and your wife again a second time. It is his word against yours, and you were defending you and your wife in your home. You contact the police a second time and file your report on him that he came back threatning you and your wife, and you became afraid and defended yourself. You have the right to defend yourself in your own home.
Also get a restraining order on him. Talk to the police about getting one.
2006-11-28 18:02:42 · answer #6 · answered by Sparkles 7 · 2⤊ 1⤋
Did you call the Police when he came to your house and was threatening you? or did you just 'smacked" him? Either way you will have to answer to the Police re: your action I am sure.
BTW what kind of brothers are you 2?... man o' man....
2006-11-28 18:14:22 · answer #7 · answered by dorianalways 4 · 0⤊ 1⤋
I would explain to the police that he was on your property and made threats against both you and your wife.
What a mess, it is so sad this had to happen to you.
2006-11-28 17:33:22 · answer #8 · answered by maamu 6 · 1⤊ 1⤋
Don't listen to the idiot who said you go to court... they have to have sufficient evidence to go to court.... If the police do come calling which they might not as your brother might be just trying to get you worried after you hit him, just plead ignorance if there were no witnesses as it will be just your word against his.
2006-11-28 17:42:00 · answer #9 · answered by 2 good 2 miss 6 · 2⤊ 1⤋
That's Threatening he doesn't
stand a chance also
He was Tresspasing
He was Threatening you
He attacked you thats self defense
On account of your wife and you any half way deacent judge would call him an asshole and put him in the slammer
2006-11-28 17:46:40 · answer #10 · answered by Anonymous · 2⤊ 2⤋