Mutual combat is a defense to a battery charge, so that theory could come intp play. But if one party uses excessive force, that person can get charged. Sounds like your neighbor's conduct was excessive when he used theetal bar.
The facts are too ambiguous to provide any meaningful answer. Do not speak to anyone without your attorney present. If you don't have an attorney then now is the time to get one. Getting an attorney after you speak to the police doesn't help as much as having one before hand. Good luck.
for fairness / for freedom
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
I agree heartily with Mr. Ceynar. I would add that you should keep in mind-- there's a world of difference between potentially having a defense to a charge and not getting charged in the first place. Depending on the facts, you may have a perfectly defensible case. That may not be a ton of comfort to you if you're arrested an held in the jail while you try to clear your name. For those reasons, get a lawyer now, not later.
Any answer provided on Avvo, including this one, is a general answer about a legal question, not specific legal advice. Different lawyers may analyze this or any other matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am licensed in the state of California and the Central District of the Ninth Circuit.
If you get charged with an asault, you will absolutely need an attorney to assert your self-defense defense. You should consult with a local criminal defense attorney and discuss the situation in detail. It won't cost you anything and might help you decide how to proceed.
Nicholas M. Loncar, Esq.
t. 323.803.4352 | f. 323.617.3838
Sunset Law Building | 1295 W. Sunset Blvd
Los Angeles, CA | 90026
It all depends on alot of factors you don't discuss. Based on the way you describe it, you sound like you have a better case than he does, but often times in the fog of a fight both people get charged, and sometimes no one gets charged. It depends on who started the fight, how much force was used, whether there were witnesses and whether the parties want to press charges. If police did not see the fight then it is up the citizen to make a decision to place the person under a citizens arrest. Police will make the arrest but you would have to decide what you want to do. If you have any further questions feel free to call.