My cousin got assaulted by multiple females and she pulled out a knife and started cutting one of the females to defend herself. She was arrested but the females that jumped her wasn't arrested. The female that got hurt from the knife was transported to the hospital. My cousin is being charged of assault with a deadly weapon. Is there anyway to get her off those charges since it was self defense?
Sounds like a trial issue. Contact an attorney to discuss further. Good luck.
Divorce / Separation Lawyer
North Carolina State Law does recognize self defencce as a legal defencce. But you cannot use unreasonable force. It is up to the jury to decide at trial.
Criminal Defense Attorney
Generally, self defense with a deadly weapon is going to require a showing by defendant that there was a reasonable fear of death or serious bodily injury to them. This is an issue that she needs to discuss in detail with her defense attorney.
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This will probably be decided by a jury.
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Self defense will not keep her from getting charged. However, it may keep her from getting convicted. Self defense is a trial defense that the jury has to agree on in order to win. You can't really raise it pre-trial once the case has been charged (unless the charging agency reviewed the police reports, agreed that she obviously acted in self defense and therefore decided not to charge the case - which did not happen here since your cousin did get charged) Contact a criminal defense attorney that has tried these cases before. Do not hire just anyone. Make sure you ask them these questions.
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