QUESTION

Does self-defense apply to me and defense of my son apply for the amount of force used?

Asked on Nov 09th, 2012 on Criminal Law - Georgia
More details to this question:
I was assaulted by a 16-year old with a knife on my property three times. I was struck with the knife in my right wrist and arm. The 16-year old attempted to lunge around me and strike my six-year old with the knife. I open handed back slapped him to the ground and told him not to move until the police arrived. Out of bushes came the 16-year Old’s uncle threatening to kill me with a hammer in his hand, waving it and cursing at me while moving towards me and my son. At the same moment, the boyfriend of the 16-year Old’s mother (convicted child molester on lifetime sex offenders registry) comes to the side of the uncle threatening me with a tire iron, cursing and threatening to kill me also. I am legally licensed to carry a handgun. As the two grown men approached, I lifted up my shirt and told both not to come any closer. They kept proceeding towards me and my son. I upholstered the weapon and told them not to come any closer at which point they stopped. The 16-year old was never touched or threatened after being placed on the ground. I was charged with Class B felony (Criminal confinement), Class D felony (pointing a firearm) and Class A misdemeanor (Battery). I was not asked by any officer if I was injured or was ok. I was taken straight to jail, the other three were told to go home by the arresting officer because he smelled alcohol on their breath and would take their statement the next day. I was interviewed seven days later in the jailhouse and am still being charged with said offenses.
Report Abuse

3 ANSWERS

John J. Carney
If you have a gun permit and you were defending yourself the charges should be dismissed. You would probably win the trial if the prosecutor did not dismiss the charges. I am surprised that they arrested you , but I do not have all the facts and your version may not be accurate.
Answered on Nov 16th, 2012 at 4:09 AM

Report Abuse
Michael J. Breczinski
Yes self defense applies in this matter. You should get a good attorney.
Answered on Nov 14th, 2012 at 2:46 AM

Report Abuse
Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
This is a classic self defense case. You are allowed to stand your ground. Get a criminal defense attorney.
Answered on Nov 12th, 2012 at 10:40 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters