Expert Advice When You Need It Most

Arrested for self defense

Asked over 2 years ago - Texas

someone bumped my car, i asked for the insurance, instead the yelled pointed finger at me and backed me up 10 feet i said 3 times dont come any closer ill defend myself, he took this at weakness proceeded to attempt to punch me, im 150 pounds he was a big guy over 200, when he swung my mother saw the whole thing, i knocked him how, im 6'3 so i was much taller had a good reach i dont fight at all, i warned him several times i would defend myself and to stay back, this guy was looking to fight, icalled the police when the only question they had was who punched who, i said he swung at... interuppted me,,, again one more time the cop said who punched who first. i said i swung after he swung and he didnt want to hear anymore and put cuffs on me now im being sued and possibly jailed or worse

Additional information
what can i do? and in the future if you know someone is going to injure you , cant you by law defend yourself and since i called the cops after swinging and going away to call the cops shouldnt i be treated as the victim and not the culprit? i won the fight i did not start it, id do it again, the guy may have tried to kill me you never know

Flag

Save

Share with:

Attorney answers (3)

Howard Woodley Bailey

Reputation Level 19

Answered over 2 years ago. Criminal Defense Attorney in Newark, NJ.

Flag

You were not arrested for self defense. You were arrested for assault. You are using Self-Defense to defend yourself in Court, as a defense to the criminal charges. At this point, you need the assistance of an experienced lawyer who can represent you in both the criminal and potential civil action. Check out the Avvo profiles of the lawyers who are admitted to practice law in TX and select a few to call for a consultation. Good luck.

DISCLAIMER
I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

Mark as good answer

Add comment

John M. Kaman

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in San Francisco, CA.

Flag

If he swung at you and missed you had the right to expect he'd swing again and to defend yourself. What you did must be reasonable under the circumstances, a fact intensive question that a jury must decide.

John M. Kaman

Mark as good answer

Add comment

Paul Holt Walcutt

Reputation Level 15

Answered over 2 years ago. Criminal Defense Attorney in Austin, TX.

Flag

In the State of Texas, the law says that "a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force." (TX Penal Code 9.31). Under the facts you've described here, it sounds to me that your behavior falls into this justification. The problem for you was the police officer on the scene did not agree (perhaps because of the injuries or what another witness told him) so he arrested you. (Many officers do not have a good understanding of the law of self defense, so they take the position that they should just make the arrest and allow the judicial system to sort it out.)

You need to talk to local criminal defense attorney as soon as possible. (I would also caution you about posting too much information about your case online. While anything you say to your attorney is protected by the confidentiality requirement, the same protection does not exist for something posted to a public forum.)

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

Mark as good answer

Add comment