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I defended myself in a fight and I go to jail?
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I defended myself in a fight and I go to jail?

I own a small business and a guy comes in and nails me in the face. I proceed to fight him until he is not coming after me. I call the police and they arrest both of us. After the fact they find a gun in his pants. They say that I should have not fought back and I would not have committed a crime. Is this right?


You will always have the right to defend yourself. Self-defense will always hold up in court, unless you used excessive force.

Nine out of ten times, the police will arrest both parties until they can sort out the legalities. I doubt very seriously if you have anything to worry about. It's not really up to the police whether or not you will be charged, it's up to the DA.

The police weren't there to see how the fight started.. so in most cases they will arrest both parties then investigate...get yourself a lawyer and it will be handled..

yes i am sorry but it is, it is not their job to tell you that you were correct in hitting the person, that is the judges job. When they get there they need to diffuse the situation immediately then ask questions, if it is found that you were defending yourself then you will have no charges against you. it is the act of hitting is what they are there to stop, just because you got hit first does not mean you did not hit. it is different for different departments, some have leniency with this type of thing others do not. You may have an officer that sees things in black and white and always goes by the book. I am sure when you tell your side of the story in court, if it is the way you say it happened, you should be cleared of all charges.

That is true but when it gets to a judge I think you will be OK.

You both were fighting and its your word against his to a point. The courts will have to figure it out.

Reasonable force is ok.

That is wrong, you had no choice but to defend yourself and it is wrong of them to tell you that you should not have hit that person. What are you suppose to do let him beat you up and he also had a gun.

This is so wrong you need to report this to the authorities... (Good Luck)!!

innocence faded
Morally, no, I do not think it is right. Were you supposed to allow the guy to keep attacking? To kill you?

As for the legal part, you need to consult a good lawyer.

You need to hire an attorney, if you had a chance to escape and did not, in many states that is illegal.

wait till you go to court. and the judge shouldn't give you jail time.

Jean Paul
No matter what the cops or the law says, you were defending yourself and you didn't know about the gun!, I am sure if you knew you would have try to avoid a fight. Just be clear and honest most of all!! don't you think?

as far as I'm aware you have a right to defend yourself.

Timeless - watcher
Defending yourself is not a crime.

that was crap in arizona youd be able to shoot him and youd be a hero

No. It wasn't. I'll venture to guess the guy waasn't white which is why you got arrested. And they say we don't have a big problem. This is key. Anyway, all are innocent until proven guilty. Let the judge hear your story, gather your witnesses if any or your security tapes. File your charges and hire a competent attorney. Be prepared to launch a civil suit offensive of your own. It will be a big help.

depends on your state. in other states you could have shot and killed him with no questions asked since it was on your property

to us, no it's not right but that 's the world that we live in. I say they will never understand until it happens to them ......when some one walks up to some police officer off duty and beat the breaks off of him then they will start to understand. Sorry that you had to go through that.

Spirit Walker
Sounds like the cops are real stupid to me. Self-defense is permissible in any CIVILIZED country. The the guy was a cop's brother?

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