Do you have the right to defend yourself or loved ones if someone comes on your property and attacks you.?

Question

What started as a verble argument,turned into a brawl. A carload of 7 boys came to my daughters house(where my grandson and girlfriend were).My daughter told her son to stay inside and she would stop this argument. When she went out(with grandsons girlfriend) she found these boys in her yard and told them to leave. One of the boys hit my daughter and she sprayed him with mace. Another boy, or possibley the same person, also kicked the girlfriend in the stomach. At this time my grandson came out of the house and began to hit the attackers of his mother and girfriend. My daughter called the cops for help. After telling the officers what had happened and questioning the other gang(who had ran), they gave my daughter a disturbing the peace along with my gransons girfriend. My grandson was given a felony assault and battery charge. I believe the other 7 kids also got a disturbing the peace. Something doesn't sound right. The victims have been arrested and the assaulters are free

Answer 1

Yes I believe you should have the right to defend your loved ones on your property. I believe that if someone is on your property and threating you with violence you should be able to point a gun at them and tell them to leave or else.
Your story does not suprise me, just because an officer walks around with a badge and handcuffs does not mean that they have common sense. 100% of the time that I needed the police to help me they ended up being no help at all. It is a very rare and notable instance when you need the police to help you and they actually come through. They only seem to be good for 2 things, writing tickets and giving out D.U.I's.
My opinion is you really need to think twice before you call the cops because you might find yourself in the back of a squad car.

Answer 2

I certainly agree with you that your family members were not in the wrong in this situation (I would have reacted the same way). Unfortunately, it depends what state you live in and what the laws are there to decide what will happen to each person. I am from Texas where a law has been in practice since the 1800s that say if anyone comes on your property to harm or steal from you, you are allowed to kill them as long as they are not trying to flee (stemmed from the old farming days when it was common to steal cattle. The no fleeing thing means you can not shoot someone in their back like they were trying to run). But, in certain states - I believe Tennessee is one - you are not allowed to kill a person even if they break into your home. If the story actually went down like you said, I don't see them getting a conviction on the girl or the young man - especially if the young man did not go outside until the girl was being attacked.

Answer 3

What you are telling is a sad unfair situation ....Lets say a burglar brakes into my house , I would definitively fight back to the best of my ability and probably the law would have supported me , but in your case there was a confrontation and large excitement occurred , putting neighbors in a position of stress , yes it is a fact that the seven other culprits started the confrontation ,but this was not a robbery case, this had potential of a group fight which could have escalated to some one turning dead , and since the cowards runed away , you were left with the bag of public nuisance , and the police had no other choice than to do the charging under public riot act , witch it doesn't mater who started or who's at fault , you can say it was far from a riot but it does have the looks of a small one and since the others runed away you were left with the bag , get your self a defense lawyer and good luck

Answer 4

Depends on the state, in left wing states like California you need to be carefull. In California if you can run away you have no right to defend yourself, you must try to "escape" first which mean become a target and pray your faster than the bad guys while you wait 30 minutes for the cops to show up.
In non communist states like Florida they have the Castle law, which states that anyone who is on your property and is a threat to you is fair game, you dont have to run away you just defend yourself and your property. It sounds like you live in California or another socialist paradise.

Answer 5

Get a lawyer! And then buy a video camcorder and next time get it on tape! When they are on your property and you ask them to leave they are criminally trespassing. you must call the police.
Go inside your home and wait! Do not engage in a fight outside it is considered illegal and disturbing the peace. However there are mitigating circumstances, when they struck her and her son came to defend her? That is an issue that is going to have to go to court with witnesses. Best thing is to get one of the 7 to confess! Again seek legal council never go it alone!

Answer 6

The Defense of Self-Defense (aka Justifiable use of Force) has variations throughout the US. The variations usually have to deal with the amount of force permissible and the duty (if any) to retreat if it can be done safely. Also, issues of who the first aggressor come into play. The police usually have to make a judgment call as to who the first aggressor was (as the two sides are often pointing fingers in opposite directions). They often rely on the nature and extent of injuries each party receives.

In order for your grandson to be charged with felony assault he would have had to have either (in my jurisdiction of course) used a deadly weapon (e.g. bat, pipe, knife, etc.) or have cause substantial bodily injury (broken bone, severe laceration).

By all means, if grandson was using force to protect either himself or another, and that force was in proportion to the amount of force being used by the aggressors, then he has a defense at law.

Answer 7

In the great state of Florida thanks to our wonderful former governor Jeb Bush we no longer have to deal with such crap. If some one invades your property and you feel threatened you no longer have to retreat you have the right to shoot the sorry scum.
Don't know what the laws in your state are but something sounds definitely wrong!

Answer 8

Absolutely, it is your property no one has the right to come on it and attack you?

Answer 9

That definetely doesn't seem right. If you can't get any justice when you go to criminal court then I would advise you to file against them in civil court.