More details to this question:
a person gets out of his car and approaches person #2 to fight, #2 walks away to and inside his yard #1 follows #2 feels threatened and hits # 1 with a shovel on the side of his face resulting in a concussion but the action of violence happened in the street in front of #2 house
2 ANSWERS
Criminal Defense Attorney serving Toms River, NJ
at
Edward J. Dimon
Update Your Profile
The person who hit the other person with the shovel could be charged with assault and if charged, would have to prove that they were acting in self defense. Ed Dimon
Answered on Apr 10th, 2016 at 8:37 PM
Anthony Van Zwaren
I don't really see a question here. If you are asking whether a person is justified under the facts you described, I would say using a shovel to hit the other person without more of an obvious threat to #2 is not really justifiable self defense. And whether it happened in front of a house or not really has nothing to do with it. But there may be other mitigating facts, but these should be discussed in person with a criminal law attorney.
Answered on Mar 31st, 2016 at 11:53 AM