He is ok, he came running back to work, problem is he was so scared and so wound up he grabbed a knife from the kitchen and ran into the street to chase after them. he is quite obviously caught on cctv. with no evidence against the guys ( 2 of them ) who attacked him, could the police charge him with brandishing a deadly weapon?
2007-01-19 13:16:37 · 22 answers · asked by karl p 3 in Politics & Government ➔ Law Enforcement & Police
your well lucky.
i only own innanimate objects.
id love to own chefs, or people.
2007-01-19 13:20:40 · answer #1 · answered by ben b 5 · 0⤊ 1⤋
In England and Wales, yes. He could be arrested for possession of an offensive weapon / a bladed weapon but it is unlikely in the circumstances that the CPS would go ahead and charge.
The legislation in these circumstances is s.3 Criminal Law Act, which basically says that you can use such force as is reasonable in the circumstances.
So, I'm threatened with a knife. I would be quite at liberty to hit my assailant across the head with a handy piece of wood BUT once the threat has ceased, I can't go on hitting him. That goes beyond reasonable.
Your chef got away to safety. He cannot then arm himself and go out looking for them.
I know there are some people who think that the law is wrong, but I'm not one of them. It's like the Tony Martin scenario, when he shot dead a burglar - in the back. It goes beyond what is reasonable in the circumstances.
2007-01-21 09:42:28 · answer #2 · answered by Hilary Y 3 · 0⤊ 0⤋
If he happened to be walking home and was attacked and he had his chef knives with him and used one in self defence and providing any injuries sustained by the attacking party didn't prove to be fatal he would have probally got away with it, providing he could give a good reason why he was carrying his knives....i.e tools of work or to be sharpened..
If he had returned to work them picked up a knife and went looking for the attackers and stabbed and killed them or one of them he would be charged with murder with intent or wounding with intent and if he was caught by the Police brandishing the weapon on the street he could be charged with carrying a deadly weapon with intent......Ain't the law Bolloxs.
2007-01-19 14:58:40 · answer #3 · answered by 284561 3 · 0⤊ 0⤋
Hi Karl,
Unfortunately he could be charged with posession of an offensive weapon with intent and is a very serious matter If it is obvious that he was attacked then the police must take this into consideration as there is a possible defence here of provokation.
If he is of previous good character, this will also help to support his defence if he is charged.
Good luck.
2007-01-20 01:32:24 · answer #4 · answered by LYN W 5 · 0⤊ 0⤋
yes he can be charged with it, just be happy for him he didnt hurt the guy who attacked him, then it would have been an aggravated assult with a deadly weapon, and even worse, if he killed the guy, he could not have pled out for self defense.
the laws differ from state to state, but generally if one attacks another, and that individual is able to get away, that assult has ended, if the person leaves the scene, and then returns with a weapon, he is now the attacker and not the victim.
However, if he was attacked in the street, and had a knife, gun or any other weapon on him, pulled it out, while the initial attack was happening, he would be justified in using any force he deemed nessesary, up to and including deadly force, in protecting his life, or the life of others.
2007-01-19 13:32:47 · answer #5 · answered by SWT 6 · 0⤊ 1⤋
Yes. Once he returned to the restaurant he was out of immediate danger and had no reason to pick up the knife. When he left the restaurant with knife in hand to chase after the attackers, HE became the attacker and is subject to arrest and prosecution.
2007-01-19 23:58:57 · answer #6 · answered by Team Chief 5 · 0⤊ 0⤋
YES! what a Pratt to get a knife! he should report it to the police and let them deal with the capturing part!
If he pulls the knife and they pull a gun then who do you think is gonna end up in a body bag?
If he feels the need to protect himself i believe he should go to a martial arts classes- he is never too old to learn.
Once the cowards see the first punk go down like a bag of spuds they will all peel off!
i hope he learns the modicum of restraint where weapons are concerned.
2007-01-19 22:40:19 · answer #7 · answered by confused 4 · 0⤊ 0⤋
Yes. If he used it then they would include a premeditated act. The moment he returned to work, and then picked up a weapon (the knife) and returned to where he was attacked, it became a premeditated act, in the eyes of the law. Even if the act had been caught on CCTV, his returning made him the aggressor.
2007-01-19 13:23:33 · answer #8 · answered by Beau R 7 · 1⤊ 0⤋
Hopefully there is a witness to what went on before he ran into the street brandishing a knife.
2007-01-19 13:43:34 · answer #9 · answered by Anonymous · 0⤊ 0⤋
This is very dodgy ground.
I would suggest you get written accounts of what happened from anyone who witnessed the event now.
Also explain to the police exactly what took place, and get a solicitor involved, giving them the full details.
The police sometimes get a bad name when they have to take action at the scene of a crime, but they can only work on what they have seen, and not what has previously happened.
If you are truthful and open with the police regarding the incident, they will be able to you offer far better support and advice.
2007-01-19 13:39:16 · answer #10 · answered by Dr David 6 · 0⤊ 1⤋
Yes, he could be charged with brandishing.
It could be argued that he came inside where he was safe, grabbed a weapon, and then ran back out after his attackers.
If he is back now, just have him stay inside and call the police so that he can make an assault report.
BTW, two against one is aggravated assault.
2007-01-19 13:23:35 · answer #11 · answered by Lily VonSchtupp 3 · 1⤊ 1⤋