My boyfriend and I got in a fight and he pushed me, then he grabbed me by the neck and shoved me again. My knee jerk reaction when he grabbed my neck was to punch him. Is that considered self defense or could I get in trouble for that?
Extra details, we were on my property, his right hand doesn't work (so he's considered disabled). He said he was going to press charges against me for assaulting a disabled person. We live in the state of Idaho if that makes a difference.
2007-09-20 22:27:56 · 12 answers · asked by McLovin 3 in Politics & Government ➔ Law & Ethics
self-defense....omg get away from that jerk
2007-09-20 22:32:02 · answer #1 · answered by Anonymous · 1⤊ 1⤋
It is up to the DA.
I was a cop in Oklahoma which has a similar attitude towards self defense as Idaho
In a case such as this if I did not make an initial arrest for disturbing the peace I would just deem it mutual combat and let them go.
It is very rare that a male can get charges against a female even if the man is disabled.
2007-09-21 05:35:16 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I've answered multiple questions about this boyfriend of yours. Either you have an active imagination or he's a fricken loser. Whatever the truth is... bail. You guys are bad for each other.
Another thing though. It's a domestic dispute. In many states you'll both be charged with battery. The law will screw you both. Always avoid the pigs if you can. Google taser and killed and you'll get an idea why.
2007-09-21 09:37:18 · answer #3 · answered by DavidSummerly 2 · 2⤊ 0⤋
Self defense. He might be handicapped but I would press charges against him. The only assault that took place was when he pushed you and then grabbed you by the neck. He is trying to use the 'I'm handicapped therefore can't break the law' defense.
2007-09-21 06:31:28 · answer #4 · answered by dsrtrat 3 · 2⤊ 1⤋
Depends- in the fight, who struck first?
If it was him, and this punch was your first hit on him, then it probably would qualify as self defense, as long as you didn't hit him again after he let go.
Let him sue you, but counter-sue for assault/battery. He did attack you on your property, after all....
My suggestion-----
Suggestion 1- Dump him and get a restraining order. The relationship is obviously not healthy if fights get physical and legal action is threatened. I'm guessing he's been violent before?... Get a restraining order. If he acts contrary to it, he's completely screwed. Restraining orders also act as a rough IQ test- how dumb could he be to risk jail time just to get at you??
Suggestion 2- Dump him, move to Colorado, and get a gun- we have a law called the "Make my day" law... In essence, if someone is on your property (don't know how this applies to rentals), and you ask them to leave and they don't, you have a right to shoot them.
2007-09-22 11:54:50 · answer #5 · answered by Next Up 4 · 0⤊ 0⤋
that is self defense. just to let u know though, it is against the law to try and choke u, it is above the waist and it could be seen as attempted murder. My ex was good for that crap and I smashed a thick drinking glass into pieces on his head. It will only get worse so I suggest u burn the road up. need more info hit me up.
2007-09-21 05:45:18 · answer #6 · answered by shareecee 3 · 2⤊ 0⤋
You better press charges before you are disabled because of the jerk.
2007-09-21 22:15:59 · answer #7 · answered by Marti 2 · 2⤊ 0⤋
Definitely self defense!!! And may I ad, your boyfriend (an ex- I hope) is a jerk?
2007-09-21 08:32:01 · answer #8 · answered by margaritapapad 1 · 1⤊ 0⤋
he assaulted you first by pushing you and choking you,( grabbing your neck) so it's self defense
2007-09-21 15:04:08 · answer #9 · answered by coolio 3 · 1⤊ 0⤋
From what you've described, I think it is considered self defense.
2007-09-21 05:32:50 · answer #10 · answered by Avner Eliyahu R 6 · 1⤊ 0⤋
Find a new boyfriend. You will not be charged with any crime, even if he followws through on his threat.
2007-09-21 05:31:59 · answer #11 · answered by regerugged 7 · 1⤊ 0⤋