Can I be charged for disorderly and battery even if he was the one who went up to where I was?

Question

I was sitting down at top of a hill, shooting my fireworks. Some guy ran up the hill screaming and cussing at me. He was saying that he was going take my fireworks. He was 67. I am 32. It was dark and I did not know he was older, but he really does not look it anyway. He tried to take them and I punched him until he quit. He was bloody, and needed an ambulance. I only hit him three times. The cops arrested me for disorderly, later charged with battery too at court.

Gregory Crain · Answer

Yes.

Jeffrey Lapin · Answer

Although your Question does involve an "injury" what you are really asking is whether you can be charged with a crime, and if so, how do you fight the criminal charges. I do not practice criminal law and questions involving criminal law are outside of the scope of the "Injury" Category/ Law Area. As such, I cannot provide an answer to your question. I would suggest re-asking your question and list "Criminal" or "Criminal Defense" as the Category.

Mark Smith · Answer

There is strict liability for punching someone > age 60 unless it was self-defense.

Melvin Franke · Answer

You can be charged. You must hire an experienced attorney to defend you.

Britany Engelman · Answer

Looks like that is exactly what happened.

Irving Blank · Answer

Yes you can be charged and convicted.  You better get a lawyer to defend you.

Willie Stephen Graves · Answer

You most definitely can be charged with battery, and from what you've written you have a tough case to defend. You need a lawyer.

Stephen Lombardi · Answer

The answer to your question is yes, you can be charged with disorderly conduct.

David E. Frank · Answer

You'll need a good criminal defense lawyer because it'll be your word against his. Hopefully, you have plenty of witnesses who will corroborate your story.

James Osak · Answer

Yes. Argue "Self-defense" as the older guy was the attacker (he came at YOU) you didn't single him out.

Gary Moore · Answer

You can be charged. You were.

John Toivonen · Answer

The law allows a citizen the right to use reasonable force to protect his personal property. Lethal force is excessive when protecting personal property. In your case you might have used reasonable force. I would need to know more details to make an argument in your defense.

Paul Whitfield · Answer

You might have had a nut on your hands. Don't know his point of view, but you don't have a right to beat up on people about something like fireworks. You sue them for assault or trespass or whatever they have done wrong. You don't have a right to use your fists unless you are protecting yourself from physical assault.

John Brennan · Answer

Need many more facts, you need a lawyer. You are welcome to call my office with details and for an appointment.

Thomas Bulman · Answer

You should have stopped and waited for the geezer to go to sleep, then started again.

Timothy Klisz · Answer

Yes, you initiated the assault, which makes you guilty. You were not acting in self defense.

Bernard Huff · Answer

You should retain a criminal defense attorney to represent you as soon as possible so that your defense can be legally and properly presented and heard by the court.

David Hibbert · Answer

You have "self defense" as a plea. However, it may depend upon the specific facts related by various witnesses. Hopefully , there are some people that will verify your version of the event.

David Stoddard · Answer

What you describe does not constitute disorderly conduct. Disorderly conduct is either being drunk in public, or using profanity and obscenity in public. An attorney can probably get a not guilty verdict on that charge. You cannot hit someone just for coming up to you and causing trouble. In fact, you have a duty to try to retreat when you are attacked. You do have right to use reasonable force to protect your property. It is possible that you could use this defense. It depends on whether the force you used was reasonable. You might also look into entering pre-trial intervention, a program that does not result in a conviction.

Ronald A. Steinberg · Answer

Yes you can.  You need a lawyer to present your side.

Mark Leonardo · Answer

While you have a right of self defense and the right to protect your property, the question will be whether you escalated the situation beyond what is reasonable.  You need to direct this question to a criminal attorney.

Kevin Habberfield · Answer

Yes you can be charged and yes you can be convicted. Most likely, you will be. You can never injure a person in defense of property. The law believes that people are more valuable than material things. Good luck.

John Turck · Answer

The standard criminal jury instructions provide:  

(1) The defendant is charged with the crime of assault and battery. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:  

(2) First, that the defendant committed a battery on [name complainant]. A battery is a forceful, violent, or offensive touching of the person or something closely connected with the person of another. The touching must have been intended by the defendant, that is, not accidental, and it must have been against [name complainant]'s will. It does not matter whether the touching caused an injury.  

(3) Second, that the defendant intended either to commit a battery upon [name complainant] or to make [name complainant] reasonably fear an immediate battery.  

You should consult with criminal law attorney.

Andrew Velonis · Answer

Well, you are being charged, so that answers that question.  Yes, you do have a defense, but it is unlikely that you would be able to get the case dismissed on that basis.  Unfair as it may seem, as you describe it, the guy was taking your property and you responded with physical violence against him. So, you're the one who escalated.  You're the one who threw the first punch.

Ronald Lowry · Answer

You have been charged with a crime. You need to hire a criminal attorney to defend you. If you are indigent an attorney can be appointed to represent you. It sounds like you may have a defense.

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Can I be charged for disorderly and battery even if he was the one who went up to where I was?

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