Saturday, November 14, 2009


What defense can be used when one assaults someone to protect a loved one? I have heard it called self-defense but I%26#039;m not sure that%26#039;s right.

In this particular case the attacker says he blacked out and cannot remember what happened. When the police arrived he, his pregnant lover, and the victim were the only ones in the house. His lover was unconscious after an alleged attack by the victim, the attacker entered the house, claims he saw the victim standing over his lover and cannot remember anything until the police arrived. Could you use a self-defense plea, or possibly a mental disease or defect plea? What defense would be more substantial and can you quote a case were this plea was used and successful?|||Yes. Self defense includes defense of third persons. Generally, you can use force to protect third persons from imminent physical harm to the same extent that you can use force to protect yourself.

The person in your scenario could certainly plead self defense. Even with your convoluted fact pattern, in the end it is the jury%26#039;s option, and their option only, whether to believe it.|||You can%26#039;t use any more force than is absolutely necessary and the person MUST ask for your help.

In this situation you could not present the affirmative defense of self defense. It might help the jury to sympathize with you, but it does not apply in the situation you describe.

Quite frankly, he doesn%26#039;t have a lot of hope unless he can prove he himself felt that he was in danger of grievous bodily harm or death. Most states impose a duty to run before fighting back. Obviously, he could have left through the same door he entered.

The 1st victim should press charges.|||Apparently there were no %26quot;third person%26quot; type witnesses; the police and potentially a judge would make an assessment on the merits of each side.

No comments:

Post a Comment