He caught a man trying to break in, there was a scuffle and my cousin believed the burglar was about to produce a knife so he punched him, the man fell to the floor and cracked his head open on the paving outside the house, he was hospitalised as a result. Can my cousin be prosecuted for assault by this man? he has heard nothing from the police since it happened 4 days ago.
2007-03-13 09:25:00 · 27 answers · asked by Blackheath rugby wife 2 in Politics & Government ➔ Law Enforcement & Police
He can, but it's very unlikely. Prosecutions tend to happen when people shoot burglars who are running away in the back, or use grossly excessive force.
Even if a prosecution were brought, it would be very unlikely to succeed, especially before a jury.
It is not up to the burglar to press charges, it is a matter for the police and the DPP. The only thing the burglar can do is to decide whether or not he will give prosecution evidence if asked.
EDIT
In English Law, the person below is wrong. It is the state which brings a criminal prosecution, not the victim. If Mr Smith hits Mr Jones, the court case will be R. v Smith.
If Mr Jones chooses to bring a civil case, that is different.
2007-03-13 09:32:50 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Ok, you don't say where you are from..
But the law is very similar in most countries..
(I'm from Scotland, but i'd think its the same generally!)
Under Scots law you have the right to defend yourself against assault, the threat of assault or to prevent the assault of another, HOWEVER, only the minimal amount of force can be used to do any of these (I.e. If your cousin was involved in a struggle as you say then him punching the intruder to the ground by a single punch would be realistic and would not constitiute assault, the head injury to the intruder would be unfortunate, but couldn't be blamed on your cousin as he had no intent to harm, HOWEVER if your cousin then continued to hit the intruder when he was on the ground and not capable of hurting him anymore then that would result in a charge of assault)
Was your cousin cautioned by Police? Did he contact the pollice after the incident to detain the intruder, if so, ask them they wont bite!!
From what you have written the intruder should be the one charged with assault as the aggression came from him.
GOOD LUCK!!
2007-03-13 09:40:00 · answer #2 · answered by John W 4 · 0⤊ 0⤋
You can legally use "reasonable force" to protect yourself, your family and your property. The force has to be proportionate to the threat. So if the burglar held his hands up and said I surrender when your cousin caught him then he could not punch him, it would be disproportionate. However if he thought the burglar was about to attack him then he could use reasonable force to defend himself or arrest the burglar.
The answer to your question depends on what was going through your cousins mind, how threatened did he feel? Could he have done anything less to protect himself or his family? If the answer is that he used reasonable and proportionate force then he has no worries at all. If the Police come knocking then he needs to make sure he tells them honestly what was in his mind at the time and why the force he used was the minimum he felt was necessary.
2007-03-13 22:42:38 · answer #3 · answered by Captain Sarcasm 5 · 0⤊ 0⤋
The police don't decide whether or not to press charges. That decision lies with the CPS. It seems unlikely the police are interested if 4 days have passed without him being arrested after hospitalising someone. As long as the force your brother used was proportionate and reasonable in relation to the threat being posed to him by the burglar then he cannot be found guilty.
2007-03-13 10:23:30 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Depends on where he lives. In the US it'd normally be no problem. In the UK if a judge who wasn't there decides his actions were "excessive" then the likely outcome is that the burglar won't be prosecuted but the homeowner will. (That's why most burglaries in the UK are of occupied homes, while in the US the burglars watch to make sure nobody's home before breaking in.)
2007-03-13 10:05:54 · answer #5 · answered by Faeldaz M 4 · 0⤊ 0⤋
Well, it appears that he acted in self-defense. He is also very brave. Few people would try to stop a burglar who wielded a weapon. I really don't think your cousin can be prosecuted for trying to protect his home. If anyone is to be found guilty, it would be the one who attempted to break in. However, I would caution your cousin that he could have gotten severely injured or killed by trying to be a hero. What he should have done was to call the police or 911 and report an attempted break-in.
2007-03-13 10:08:46 · answer #6 · answered by gldjns 7 · 0⤊ 2⤋
As stated there is no crime on the part of your cousin. Always, ALWAYS, state how you felt threatened when defending yourself. Either way, he was in his home so in most states he could just shoot first and ask questions later.
Some states have a "duty to retreat" which means you have to cower in your own home before you can defend yourself.(These are not usually "red states") In any case, he is fully justified in this instance. Your cousin was unarmed and only struck one time. This is in no way excessive force.
Just added: In response to above, It would be up to the burglar to attempt to press charges and not the police. The state can only press charges on behalf of a victim in a domestic violence arrest.
2007-03-13 09:35:17 · answer #7 · answered by Pooky Bear the Sensitive 5 · 2⤊ 0⤋
Knowing how it works in this country, yes he probably will get charged with assault and the man will probably get legal aid to fight the case !! in reality you cousin should get a medal for what he did. The way i see it once someone enters your properly, that person give up any legal rights and even if they are killed by the house holder, then tough luck, maybe the criminal Will then think twice about breaking and entering !
2007-03-13 20:45:06 · answer #8 · answered by Anonymous · 2⤊ 0⤋
The answer is always yes, even if it is a prosecution mounted privately but if the case is as straight forward as you state and your cousin only used minimum force in fear of being assaulted himself then his mitigating circumstances will mean he has not committed assault but a pre-emptive strike which is lawful.
2007-03-13 12:06:28 · answer #9 · answered by Anonymous · 1⤊ 0⤋
no all people have the right to protect themselves even more so if he belives that the man was about to produce a knife having said that the police shoud have been called at the time this would mean better protection for your cousin
2007-03-13 10:15:01 · answer #10 · answered by Anonymous · 0⤊ 0⤋