QUESTION
Can I be charged with assault or is it self defense?
Asked on Jan 14th, 2014 on Criminal Law - Alabama
More details to this question:
I was at a racing event and was yelling at a flag man. Another official came and grabbed me. In turn, I grabbed his sweatshirt and restrained him from hitting me. I then left the racing surface. They called police and claim I assaulted official. Police talked to me and I explained to them what happened. I was not arrested but I was given a police report number to call on. The police said they prosecutor may pick up charges but 9 times out of 10 won't. Should I be worried? I did not hit the man and he came across the track and grabbed me first.
5 ANSWERS
Michael J. Breczinski
Possibly. If they charge you then get a lawyer, since you have a good defense.
Answered on Jan 17th, 2014 at 6:33 PM
3 Awards
Be ready, but doubt it will be filed.
Answered on Jan 17th, 2014 at 6:32 PM
Yes you can. You were a complete fool to have opened your mouth. You have the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later.
Answered on Jan 17th, 2014 at 6:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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I believe that you are most probably anticipating too much. If you are charged then engage in attorney to defend yourself. An assault is a very serious charge which is most certainly do not want on your record.
Answered on Jan 17th, 2014 at 5:25 AM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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At this point in time, there's nothing to be concerned with. If the prosecutor decides to move forward with charges, then you need to determine how to best defend yourself. However, just because you are going to claim self defense does not mean that charges can not be brought. Self defense is a claim that you would have to prove in court.
Answered on Jan 17th, 2014 at 5:24 AM