Simple battery or self defense?

Asked over 2 years ago - Las Vegas, NV

A man was at a local casino bar. He was having a drink when a conversation with another patron became hostile as the patron threatened him with the believable comment, "Im in the mafia". The man decided to leave. On his way out he stopped and talked to security whom had been called to the bar. The man had a drink in his hand. Security asked him to put it down saying it was a "weapon". He put it down, explained the situation and then proceeded to do what he had been, leave and was told to by security. He went to pick his glass back up when one of the persons not identified but was with the known security put their hands on the person. Then man removed his hand. He was then subdued by 4 others and arrested as a citizens arrest for simple battery. Is "self denfense" or " a right to stand gro

Additional information

stand ones ground" a defense to this? At interview by arresting officers the man explained he was defending himself and was in great fear.

Attorney answers (3)

  1. James S. Lawrence

    Pro

    Contributor Level 15

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    Answered . Assault is a crime. Self-defense is a defense to that crime. Looks to me like you have a solid claim that the employees were the assailants, and you were the victim. You will certainly want to hire a good criminal defense lawyer in that locality. You may be able to turn the tables on them. Once the criminal case is dismissed, you might have a good lawsuit.

    Just about everything that happens in a casino is on video. Have your lawyer take immediate action to demand that the video be preserved. If you have no lawyer, send the casino a letter by certified mail demanding that the video be preserved, and asking to buy a copy. Keep a copy of the letter. If they destroy the video despite your demand, that will be potent proof to a jury that they are the ones lying. If they were telling the truth, they would want that video to come out, but if they are lying they will want to make sure the video never sees the light of day.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed... more
  2. Cal Johnson Potter

    Pro

    Contributor Level 10

    Answered . My answer is based upon the limited facts presented in the question. In the state of Nevada the self-defense caselaw is known as a subjective intent defense. The case that defines the defense is State v. Runion. The subjective intent simply means that your actions are based upon what you thought was reasonable. As long as your actions are supported by a reasonable basis and understanding of what was occurring.

    You can contact the gaming control board to preserve the tape.

    The reason that you were arrested on a citizen's arrest is because LVMPD Metro cannot arrest unless the crime occurred in their presence. You need to win the criminal case on the merits, not by a plea bargain if you want to pursue a civil action.

    The information shared in this e-mail does not constitute an attorney-client relationship and you should consult... more
  3. Mitchell Scott Sexner

    Pro

    Contributor Level 17

    Answered . I agree with the above answer.Sincerely,

    Attorney Mitchell S. Sexner
    Mitchell S. Sexner & Associates LLC /o
    Defending your rights since 1990
    1 (800) 996 -4824
    Email: : msslawoffices@sbcglobal.net
    Website: Criminal and Traffic Attorneys

    Answers presented on this website are intended only for informational purposes and any use of the contained... more

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