If my neighbor insults me and comes on my property, can I strike him first in self defence?

Kevin C

Striking him first is not self defense, it's assault. You can be arrested and charged.

EPnTX

That is a really bad idea. If this person continually hassles you try getting video tape of them on your property. Put up "no trespassing" signs as well.

Chainsawmom

It depends on what the laws are in your location. If a person comes on your property and threatens you, you should call the police. I had a similar situation with a neighbor and his older son. I made the fatal mistake of talking with the dad concerning his son driving through my yard. It tore up the grass and broke the mailbox. I thought that he would appreciate that I didn't call the police. Boy was I wrong. This started an all out attack on me, my family and my property. I was in the process of moving away when the son, 16 years old, broke into my house and shot paint balls all through the living room. I caught his actions on several security cameras on my property. With this evidence, I called the police and not only pressed charges but secured a restraining order against him and his dad. Since they couldn't come within 500 feet of my property and they were only renters, they were forced to move. Once they left, I never heard from them again.

Nani

Oh for Heaven's sake! Smoke a peace pipe with him, and chill out!

souljagirpart2

Get him fired up and let him hit you on your property then you'll be in the right 2 times better I don't know to tell you the truth but I hope the situation is ruled in your favor if anything comes of this!

DocoMyster

Striking should be the last resort. Get away from your combatant. Run if you must. If backed into a corner and can't get away, then do what you must to protect yourself.

mike g

no you cant, its not self defense unless he attacks you otherwise you can be charged with assault

curious man..

I think you can hit them if you feel threatened to defend yourself, but repeatedly kicking them in the head while they are laying on the floor in agony would be seen as being slightly over agressive!!

j1io

Of course you can strike first as self defense, but make sure you have a witness that is not related to you or a friend, to support your story. Jail time! Well if you make the dude bleed that is considered assault, which is a misdemeanor one month to six month in a county facility. Now if it a slap or like I say a fart. One week to a month max.

Xta B

You are not allowed to claim self-defense unless you had serious reason to believe that your life was in immediate danger. I would suggest going into your home and calling the police immediately - I am sensing that you probably already knew that though.

WiffleBall

No because you probably fight like a girl..You might want to lift your skirt and run like a girl. The probability of jail time is high considering they always need a ***** inside

Tim

You must be from Iran

mikeysco

If you're in California (and I suspect you're not even in the US), the chances of you going to jail are pretty good.

Not sure how insult = threat of bodily harm.

Just because you "feel" like someone is going to hit you, does not give you the right to hit them first. You're welcome to punch their lights out the minute they actually try, though.

fr_chuck

No you can not strike him first.

In many states the law states you have to try to flee, if you beleive you are in danger and then merely call the police from safety.

If this is your first offence, most likely probation and a fine.

breeze1

In alabama you have to have your property posted "no trespassing" if not you first have to ask the person to leave before taking any action. However, you do not have to flee your own property or curtilage "the yard". You can protect yourself or your property, but do not use unnecessary force. You can't shoot someone for walking across your yard, but you can physically escort them off the premises using reasonable force. You would have to have "reasonable belief" that you or your property are in danger. Have you ever heard a man's home is his castle, I have a right to feel safe and secure on my own property or place of business.

You would have to prove that you were in danger of being hurt..the insult won't count...you can defend yourself..but 1st strike will go aginst you....

the moose

not first... you must feel trapped and for goodness sakes dont strike him or her when they are leaving. any witnesses. if you strike first and do harm.. you are in trouble.. you should stay inside and call police not meet and greet the person outside.

smartbunny

No, don't hit him! You will be the one to get in trouble, when he is really the psycho. Definitely report him to the police, have him arrested for trespassing and harrassment. ALWAYS take the higher ground so there is nothing he can use against you. If he's nuts enough to come on your property and yell at you, he's nuts enough to make stuff up. Keep your distance.

ekaty84

You must be able to prove that you felt you were going to be in harm. I would just walk away and let him calm down if you feel threatened. It's not worth getting into legal procedures over something like this.

carolinagrl

If they are on property that you personally own, you can use the self-defense tactic. But if they did not assault you, probably nothing will happen. You will most likely be advised to issue a restraining order to keep them away from your property. Its not much for enforcement though. Your neighbor can still find ways to make you miserable. It really all depends on the judge too. If he's sympathetic to you or the neighbor. What did you do to your neighbor??

Rainbow Bright

No unless he strikes at you first you can not hit him. Go ahead and notify your local police department of the situation and have a restraining order issued if necessary and let the cops do their job.

sweetdawn710

Call the cops on him, don't chance any jail time or the possibllity of being sued.

Kimberly A

he is on your property. I dont think you will go to jail

jeannieunderwood2003

Nope. Unless you're in immediate threat of harm. Also, most states require you to flee from someone before you defend yourself. You might need to check you state's criminal statutes to see what rights you have defending yourself on your property. I'm pretty sure you'll have to run if you can. Most jurisdictions are like that.

Aegis of Freedom

Depends, do you live in Florida? We have a great law here that will allow you to do that.

st.jimmy79

If he is a retard carrying a weapon then yes kick the sihte out of him. I'll help you.

call the police instead.

Bacchus

No you cannot strike him. You have to have reasonable fear of harm to your self or property before you can respond with even strength. If he can show at all that you had a chance to peacefully end the situation, then he is going to have your butt. Do not strike him. Contact the police. Just let it go and ignore him. It is going to cost a lot more money then protecting your hurt pride is worth.
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