Is there anyway out of being charged with a deadly weapon if it was self defense?

Asked over 1 year ago - Winston-salem, NC

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?

Attorney answers (5)

  1. James Donald Garrett

    Contributor Level 20

    7

    Lawyers agree

    2

    Answered . 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.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  2. Ernest Clarke Dummit

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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.

  3. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Sounds like a trial issue. Contact an attorney to discuss further. Good luck.

  4. Anthony Joseph Muhlenkamp

    Contributor Level 12

    4

    Lawyers agree

    Answered . 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.

    Anthony Muhlenkamp - 314-725-7777; amuhlenkamp@fjrdefense.com, Frank, Juengel & Radefeld, Attorneys at Law, P.C.... more
  5. James Regan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . This will probably be decided by a jury.

    There is no confidentiality online. Do not talk to the police without an attorney Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv

    Go to Trial: Crash the Justice System
    http://www.nytimes.com/2012/03/11/opinion/sunda...

    Good Luck,

    JR

    James Regan, LL.M*, Esq.
    *Master of Intercultural Human Rights Law
    jreganllm@gmail.com

    https://twitter.com/JReganLLM
    https://www.facebook.com/defendme.net (Visit us on Facebook)

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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