is it self defense? If the guy with the knife gets charged with Illegal use of a weapon and menacing and the other person gets simple assault for throwing the punch, what are the chances of beating the simple assault charge?
2007-12-27 12:21:00 · 13 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Oh yeah, the guy with the knife also admitted to the cops that he had it
2007-12-27 12:21:44 · update #1
Depends on the state. In Texas you would not be charged with anything. We might even throw you a parade. In Massachusetts, you'd probably get five years in the big house. Incidentally, that guy in New York who was found guilty of shooting the teen-age hooligan on his property also NEVER would have been charged in Texas. No way...
2007-12-27 12:31:56 · answer #1 · answered by Anonymous · 1⤊ 0⤋
What state are you talking about? Illegal use of weapon- in Illinois this was unlawful use of weapon for carrying- was an aggravation factor. If you can present previous record in court you can claim self defense, needed force only used, and motion for dismissal. How big was knife, what kind was it and how carried? A 2 inch blade in pocket may not be legally a unlawful weapon. A less than 5 inch hunting knife open carry on belt may also not be a unlawful carry. Need some details.
2007-12-27 20:42:46 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The laws of each state are different, and you should definitely check the laws of yours. In my state, the act of threatening another person with bodily harm (armed or unarmed) is assault. Also, generally (again check with your governing laws), a person is well within their right to defend against assault with the same force they were attacked. To use self-defense to legally justify your actions, you must satisfy these four basic conditions:
1. Did you feel you were in actual danger, with the other person having real intent to do you harm?
2. Did you use all other means available to you to stop the violence or threat of violence such as trying to walk away, trying to talk, etc., before you punched him.
3. Did you use no more than equal force to repel his violence?
4. After the first punch, did he stop or continue to threaten you. If he stopped, did you stop punching?
The third one is important because in self defense, you cannot use more force than the attacker, or it is not self defense.
The fourth one is a big one, because alot of people think that once the conflict has started they have an excuse to keep on fighting, and they do not.
In order to use self defense as a legal justification for your actions, understand that it means that you felt you were in danger, you did everything reasonable to get out of danger before using force/violence, you didn't use more/deadlier force than the attacker, and that at the first opportunity to get away, you did.
Remember to check the laws about self defense and assault for your state. Good luck.
2007-12-27 21:36:27 · answer #3 · answered by persaunna 2 · 0⤊ 0⤋
If he threatens ME with I knife, he will be LUCKY if his nose is the only thing broken and I WILL claim self defense. In order to convict me of assault you have to get 12 jurors to believe it is NOT self defense. In any community were you can do that, I am probably safer behind bars.
2007-12-27 20:32:27 · answer #4 · answered by STEVEN F 7 · 1⤊ 0⤋
You were the victim of an aggravated assault (in FL). Your defense will hold if the story is as you have written. You were justified in using deadly force. A punch to the face shouldn't be a problem.
2007-12-28 04:42:01 · answer #5 · answered by jared 2 · 1⤊ 0⤋
Lets see...
The person has a history of stabbing someone with a knife
And he confronts you with a knife, and you are unarmed
Hmm I would say it is self-defense, i would do same thing if i were in that situation except i would probably knock him unconcious instead of breaking his nose :D
2007-12-27 20:29:59 · answer #6 · answered by Liem 3 · 1⤊ 0⤋
texas penal code, and a knife is considered a deadly weapon, try searching the penal code for your state
9.31. SELF-DEFENSE. (a) Except as provided in
Subsection (b), a person is justified in using force against
another when and to the degree the actor reasonably believes the
force is immediately necessary to protect the actor against the
other's use or attempted use of unlawful force.
9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
(1) if the actor would be justified in using force
against the other under Section 9.31; and
(2) when and to the degree the actor reasonably
believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use
or attempted use of unlawful deadly force;
2007-12-27 20:53:43 · answer #7 · answered by Bulldog 5 · 0⤊ 0⤋
I'm in Florida...so I would be alowed to shoot him in the face and walk away clean. All I would have to do was say I felt threatened. The anser to your question is: yes, that would be self defense. Any decent lawyer should be able to get the charges dropped.
2007-12-27 20:39:47 · answer #8 · answered by Wizeguy 3 · 0⤊ 0⤋
In most states, you could have shot and killed him for that. The second he pulled the knife you have reason to be in fear of your life and as such have a constitutional right to defend yourself.
Contact an attorney and fight this charge, it shouldn't be too tough to beat and will likely not even go to court.
2007-12-27 21:55:05 · answer #9 · answered by Crazyjester9 6 · 0⤊ 0⤋
It will depend on what judge you get. If he is a lib, you might get charges with violating the rights of the guy with the knife.
2007-12-27 20:35:12 · answer #10 · answered by Scrappy52 6 · 1⤊ 1⤋