i got into a fight with a girl and only got one good punch off, and broke her nose, and her parents are charging me with assult and battery... can they do that if i was just defending myself???
2007-03-28 02:32:52 · 13 answers · asked by Tweeter 2 in Politics & Government ➔ Law & Ethics
Yes, the parents can sue for the amount of the medical bills regardless of the outcome of a criminal charges or trial )with the claim of self-defense). The laws vary from State to State and even Judge to Judge as to whether or not a Civil Suit for damages would be successful.
2007-03-28 02:37:43 · answer #1 · answered by bottleblondemama 7 · 3⤊ 0⤋
You may have a self-defense claim in response to the assault charges, and that claim may end up in an acquittal / dismissal in your favor - but that is not enough to stop a prosecutor from bringing charges. Here are some things you should think about:
1) If you are facing criminal charges, you need to get a lawyer. Call your local bar association for a referral if you don't know anybody; 2) Are there any witnesses to the fight? They might be able to help you establish a self-defense / mutual combat claim; 3) Does the girl you were fighting with have a history of violence / attacking people? It may be helpful to show that you were afraid of her and felt like you had no choice; 4) This is important: did you have a reasonable opportunity to try to get away from her instead of fighting? Most states only allow a claim of self-defense from people who could not get away from the aggressor - this is sometimes called the "duty to retreat" rule.
2007-03-28 10:16:53 · answer #2 · answered by wombattery 1 · 1⤊ 0⤋
First, I am assuming you are a minor. And yes, you most certainly can be charged with assault. If you used any type of weapon, you can be charged with aggravated assault (which is a felony). Although you say it was self-defense, this must be in agreeance with the law's definition of self-defense. After you are charged and brought in for an arraignment, if you do not plea guilty the judge will set a trial date. At that time, you (or your attorney) will present evidence that this was, in fact, justified action. Since you say you only got one good punch in, I'm assuming she must have hit you several times. You will also want to take pictures of any bruises or injuries you received in the fight while they are still apparent. There is also a matter of how much force you used to protect yourself (i.e. if she spit on you, and you broke her nose the judge may consider it as using too much force). Your family may be required to pay for all of her medical bills. If the girl's family filed it with an insurance company, that insurance company can sue your family for compensation. The girl's family can also request money for time missed from work and any other out-of-pocket expenses. It often happens in court that people who think they are rightly defending themselves wind up having to pay out a lot of money because they do not understand according to the law what constitutes fair "self-defense". If you are found not guilty, the judge will dismiss it. The judge may also order you to complete an anger management course. I hope this info is helpful to you. Best of luck to you, dear.
2007-03-28 09:57:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes they can. You broke the law. Now, whether you were justified is another question for the courts to answer.
Look at it this way. Lets say someone pulled a knife on you and is trying to kill you. You somehow kill the other guy in self-defense. You have 3 witnesses saying you were just defending yourself.
You still broke the law. You killed some one. Now, if you go to court and it is found that it was a justified homocide, then you are innocent. Self-defense.
2007-03-28 09:48:36 · answer #4 · answered by Jacks 1 · 1⤊ 1⤋
Wow, you through a mean right hook. I guess they can charge you, just tell them she through the first couple of punches, it should get thrown out of court. It's actually up to the prosecuter whether or not it will even go to trial. Good Luck Whoever files first is usually the one that wins. I was jumped by a chick with a knife at my throat, she was Cuban and the judge was Cuban. I got 2 years probation and fines, it really sucked because they took her word because she filed a complaint. Hell I didn't even know it for two months when the cops showed up at my front door to arrest me!! Anyway, she finally moved out of the Florida Keys when a friend of mine informed her that I intended to make fish chum out of her a**. Good Luck
2007-03-28 09:37:41 · answer #5 · answered by Cheryl 6 · 0⤊ 2⤋
No never provided there are witnesses to you to prove that you are defending yourself. She has an injury and you would have already agreed that you caused it but the proof of self defense is required for you to come out smoothly.
2007-03-28 09:39:02 · answer #6 · answered by ssmindia 6 · 3⤊ 1⤋
Looks like they did so obviously the answer is yes. A judge will sort this out.
2007-03-28 09:43:25 · answer #7 · answered by chuck_junior 7 · 1⤊ 0⤋
the reality is that you caused the injury so in deed yes they can press charges that fact of the matter is they will more likely loose as you were sticking up for yourself but the law dont work like that sorry
2007-03-28 09:36:26 · answer #8 · answered by uk_under_my_spell 3 · 2⤊ 1⤋
yes they can
you will have to go to court and answer the judge
i suggest you make it that they pay you that way when the judge sees you defending yourself you will get something out of it
2007-03-28 09:40:51 · answer #9 · answered by elite_women_rule_the_rock 6 · 0⤊ 1⤋
Yes they can then it is up to the courts whether or not their case has merit and decides if you are guilty...good luck
2007-03-28 09:50:55 · answer #10 · answered by Dodgegirl62 4 · 2⤊ 0⤋