QUESTION

If involved in a High School fights can I press charges?

Asked on Jun 03rd, 2013 on Litigation - North Carolina
More details to this question:
In high school, if a girl tried to fight me, would saying โ€œI have not initiated this confrontation. You do not have my permission to touch me. I feel threatened by your actions, know that I will press assault charges if you continue your advance." on video, on my iPhone, help the assault case/pressing charges later. Also, if she ignored this, could I defend myself?
Report Abuse

7 ANSWERS

Michael J. Breczinski
The statements would not hurt the matter. Yes you can defend yourself.
Answered on Jun 06th, 2013 at 7:55 PM

Report Abuse
Ronald A. Steinberg
You can use reasonable force to defend yourself until the situation is neutralized. In other words, if she hits you, and you punch her in the mouth and knock her to the floor, it is okay. However, if after she hits the floor, you jump on her and punch and kick her, now YOU are the aggressor. If you video taped what you said, you would be able to sue her civilly for damages for the attack.
Answered on Jun 05th, 2013 at 10:04 PM

Report Abuse
Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
Update Your Profile
I've never seen a fight break out where the parties exchange legal disclaimers beforehand. I can't imagine someone would wait for you to pull out your phone and then wait for you to read your legal jargon to them before they attack you. In any event, it is not necessary to inform the other party of your right to defend yourself. Self-defense is legally recognized in all jurisdictions. Just be aware that self-defense must match the threat. If someone slaps and you respond by stabbing or shooting them, self-defense probably isn't going to fly in court.
Answered on Jun 05th, 2013 at 10:03 PM

Report Abuse
You absolutely have the right to defend yourself with proportionate force. The video on your iPhone will definitely help your case.
Answered on Jun 05th, 2013 at 10:03 PM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
Yes and Yes.
Answered on Jun 05th, 2013 at 10:03 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Seems like you have done all the right things but back off. stay away from the idiot person. You have a right to defend yourself obviously.
Answered on Jun 05th, 2013 at 10:02 PM

Report Abuse
Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
Update Your Profile
Yes to both your questions.
Answered on Jun 05th, 2013 at 10:02 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