QUESTION
Can I have case thrown out since I was only defending myself?
Asked on Jan 13th, 2014 on Criminal Law - Colorado
More details to this question:
I was charged with assault and battery 3rd after I defended myself in the middle of the road when guy starts confrontation with me in road. He puts his hands on me and at that time I felt threatened and I hit him trying to defend myself. He then picked me up by my neck and slammed me on the ground and started choking me. A witness tried pulling him off me while choking me. And so I started defending myself while on my back. After we got him off of me, the guy runs and grabs a shovel and starts chasing me down trying to hit me with it. Cops show up and put me in cuffs and said I'm being detained. They also never read my rights to me.
7 ANSWERS
Michael J. Breczinski
Self defense is a defense to the charges. Get a lawyer and make sure that you get the names of the other people there (if possible). Go and take the matter to trial.
Answered on Jan 16th, 2014 at 10:04 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
Self defense can be a defense in criminal cases. Reason being, one should not be expected to stand still and wait to be killed. If you were arrested, I would highly recommend contacting a criminal defense attorney in your area. It may be possible to get the case kicked pre-filing. If not, then an attorney may be able to bring the case to light prior to trial, and possibly get the charges dismissed or at least mitigated. Sometimes there are two or more sides to the story, and a prosecutor tends to believe what is listed in a police report unless convinced otherwise.
Answered on Jan 16th, 2014 at 7:41 PM
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies. Hire a lawyer before you get duped again and into a plea you will regret.
Answered on Jan 16th, 2014 at 7:37 PM
The legal defense of self-defense in California law means that you are not guilty of a violent crime that you committed in order to protect yourself, as long as your conduct was reasonable under the circumstances. You need to have: Reasonably believed that you were in imminent danger of being killed, injured, or touched unlawfully, Reasonably believed that you needed to use force to prevent that from happening, and Used no more force than was necessary to prevent that from happening. The biggest problem with self-defense is trying to prove that the other was the attacker. If you have witnesses that describe the incident the same as you do then you should be ok. However, if only the two of you were present it may end up as a he said he said story. A case like this can come down to the injuries both parties sustained and/or the way the facts of the incident are told by each party.
Answered on Jan 16th, 2014 at 7:35 PM
James Edward Smith
It depends if your self defense was reasonable or excessive.
Answered on Jan 16th, 2014 at 7:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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You need defense counsel who needs the rest of the facts. From what you relate it appears you should have a defense.
Answered on Jan 16th, 2014 at 7:27 PM
3 Awards
Sounds like self defense to me.
Answered on Jan 16th, 2014 at 7:25 PM