I was involved in a fight where the other guy had to go to the hospital and get stitches. He started the fight. Nobody saw the fight take place, but I do have friends that saw him picking a fight with me at the bar prior to the incident taking place in the bathroom. I'm now facing felony battery and a disorderly fine. How does this guy have a case?
2006-12-13 14:06:28 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can be charged with anything, but until you actually go to court you do not know the out come. When your friends go to court with you to testify that this person was picking a fight with you first that will help you if the judge believes your story. Good Luck.. Sometimes the injuries talk more then the actual story.
2006-12-13 14:16:19 · answer #1 · answered by Issym 5 · 0⤊ 1⤋
You threw the first punch whether the threat was there or not two wrongs don't make a right. If there are injuries the police will charge you because of the fact you threw the first punch, then there is something called reasonable force, again to throw a punch like that your screwed. Now life threatening injuries is another matter it would be aggravated assualt, then again it could be termed as aggravated assualt with intent, if the person dies then it will be murder. The biggest question the law will try to answer would be the intent on your behalf. If the intent to injure is there you would be charged. Never throw the first punch. See in the pass I've been charged I defended myself against I knife weilding idiot put him in the hospital and I was charged with aggravated assualt but was found not guilty because it was deemed self-defense.
2016-03-29 06:30:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes he does have a case and he may win. You can indeed be charged with aggravated assault when you are defending yourself. You ONLY have the right to defend yourself, under law, to the point absolutely necessary. In many states you ONLY have the right to defend yourself if YOU CAN NOT safely retreat. In otherwords, you have a duty to retreat FIRST, even though you didn't start it. Yes, he does have a case. It doesn't mean he'll win, but it's entirely possible that he could. I'd have to know more details to give you a more definite answer. I strongly urge you NOT to wait! Get an attorney NOW.
2006-12-13 14:22:06 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
You say that he was picking a fight with you prior to the incident. You state further that you can produce witnesses to this.
My questions: Who threw the FIRST punch ?
----------------- Just how badly did you beat on him?
----------------- Did you use "unnecessary force" ?
The reason I ask you these questions is because, during an incident such as this, there is the possibility of the "defender" (in this case - you) going too far in subduing his attacker. In football, when the passed or fumbled ball is intercepted by the DEFENSE, the defender, by virtue of the fact that he is running to score points, becomes the "OFFENSE". The same is true in a fight. You can choose to "walk away", or maybe one-punch and it's over, but if you continually throw punches past the point of your adversary's advances, it is YOU who now becomes the attacker.
In police classes, we are constantly drilled on "USE OF FORCE" and how to implement it properly, as many police officers are accused of using "UNDUE FORCE" to subdue a suspect.
You seem to have put yourself in a situation where you now need to PROVE your actions were PURELY DEFENSIVE. Get your witness list ready, and by all means consult with an attorney.
Good luck
2006-12-13 14:19:37 · answer #4 · answered by Len_NJ 3 · 0⤊ 1⤋
If you came out of it pretty good and the other guy went to the hopital you probably fought back with more than "reasonable force". In other words, you should have done just what was necessary to get out of the situation, not beat him to a pulp. If he was in much more serious condition than you were, then you used "excessive force".
Here is the definition from the Baltimore Civiliam Law Board:
Excessive force - the use of greater physical force than reasonably necessary to repel an attacker or terminate resistance, it does not include force that is reasonably necessary to effect a lawful purpos.
2006-12-13 14:19:42 · answer #5 · answered by Cat Lover 4 · 1⤊ 1⤋
Self defense means 'reasonable force'. If he punched you, and you got the best of him, that's his tough luck. If you got the best of him and kept kicking him after he hit the ground, and then dropped a brick on his head, that would be assault (with a deadly weapon, in this case). You can only fight back enough to extricate yourself from the situation.
2006-12-13 14:15:47 · answer #6 · answered by normobrian 6 · 1⤊ 1⤋
yes, anytime you get in a fight, and esp in some states in the US, a person is expected to run and not fight if they can, so even using self defense is not a legal defense, if you could have gotten away instead.
Next if no one saw it happen, it will be his word against yours as to who started it and how it happened,
And a poor person in bandages and all bruised will get the pity of the jury.
2006-12-13 14:40:06 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Did you go into the bathroom first and he followed? That would help you. Your friends can vouch for him starting it before you went to the bathroom. But I hope you went in first. Other wise you do not have a very strong case, Call a lawyer. .
2006-12-13 14:16:27 · answer #8 · answered by ruth4526 7 · 0⤊ 1⤋
If you are not in your home, you have a duty to withdraw rather than fighting if you can do so safely. Pre-emptive self defense doesn't usually cut it. If he actually attacked you and you fought back you may have a defense.
Get a lawyer.
2006-12-13 14:15:28 · answer #9 · answered by Zarathustra 5 · 1⤊ 1⤋
The whole thing will revolve around his injuries. I think that sucks, but don't know what else to tell you. Stitches say more to a jury or judge than "he started it."
Good luck.
2006-12-13 14:09:44 · answer #10 · answered by "Old Spice" Cindy 1 · 0⤊ 1⤋