Is there a legit defense to fighting someone because they had a weapon?

I was recently involved in a fight where a person had a knife, and a bat. I was hit with the bat and then grabbed. I punched the person two or three times and ended the fight. before I was hit, the batter swung at my 55 year old father who was holding my minor child. The swing was a miss, but I am unsure what exactly happened after that. the police said that the person had an injury that was caused by being hit with something but I do not recall hitting them with anything. When the police arrived the weapon used on me was gone, and there were other people standing around. they never looked for the knife either. I was summoned to court for aggravated assault and so was the other person.what grounds do I stand on if any? I was origionally called there to help my child by the mothers boyfrien
Additional information
I made a mistake saying I was origionally called there by the mothers boyfriend. I was called there by my child`s mother who told me something was going on with my child, and to come and help. My intention was to go and pick the two of them up, never to have any physical altercation.
Answer this question Add to list

Answers (2)

Howard Woodley Bailey

Howard Woodley Bailey

Contributor Level 9
There are several different defenses that may be applicable based on the facts you list, such as self defense and defense of others. You need to review these defenses and the complete factual basis the State will seek to introduce in your prosecution with a lawyer admitted to practice law in NJ. Do this before any decisions are made as to how to resolve the case. Good luck.

Disclaimer
This information is offered for informational purposes only. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in NJ before you make any decisions as to how to resolve this issue.
1 0
Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
You will need an attorney to advise you about how that process works.

There are many in your locale that can be found here so use the Lawyer Search tab
on the top right hand side of your screen. I agree with the wise observations of Mr. Bailey.

Good luck.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Environmental / Natural Resources Resources

Top Criminal Defense Contributors

1.
Carlos Gonzalez
Contributor Level 7
99 answers, 2 legal guides
2.
Howard Woodley Bailey
Contributor Level 9
94 answers, 2 legal guides
3.
Alan James Brinkmeier
Contributor Level 10
99 answers, 0 legal guides
View all Criminal Defense Lawyers on the Contribution Leaderboard