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What is considered self defense

Rosamond, CA |

if somebody comes on to your property even if they feel they have been provoked and attempt to assault you my 17 year old son got into a dispute with my neighbor and the neighbor jumped my fence into my yard on my property with several of his friends with a large rock and threatened my son. my son then grabs a pipe and trys to defend hisself. nobody was injured or assaulted.

Attorney Answers 3

Posted

If this were in NJ, your neighbor could be charged with several crimes, including Trespass, Possession of a Weapon (the rock), and Possession of the Weapon for an Unlawful Purpose. Since your son picked up the pipe after they advanced on him, this could be deemed self defense,although there is typically a duty to retreat if possible.

There are several excellent lawyers who practice criminal law in CA who list here on Avvo.com (two that immediately come to mind are Mr. Kaman and Mr. Dane). I suggest you look them and the other CA criminal defense lawyers up and check out how they answer questions like these, select the ones that you consider the best fit, and call them for a consultation. Good luck.

Disclaimer
This information is offered for educational 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 your State before you make any decisions as to how to resolve this issue.

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Posted

Was your son arrested? Was he charged with a crime? Sounds like self-defense to me.

Joe Young
Attorney At Law

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Posted

You have no duty to retreat in california. You have every right to defend yourself on your property and even pursue the aggressor and make sure that the danger has ceased. But, your use of self defense must be reasonable under the circumstances and not excessive.

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