If you saw somene attacking your mother in the street and ran up & hit him with a bat, would you get arrested?

mattinhoustontx

self-defense in my opinion (even though it is not yourself being defended)

I'd let you walk...no one better hit my momma!

Staying Quiet

just because it's self defense doesnt mean you wouldnt be charged, but probably not with murder (maybe involuntary manslaughter) and your chances of a jury finding you guilty are greatly reduced since you were just protecting yo mama!

lonewolf1

No you would not be arrested, as long as you can show you were in fear for your life or your mothers life and the chance that this person could have taken away the bat and used it on you and your mother. Self-defense. I also live by this phrase,,,""I rather be judged by 12, than carried by 6""<,food for thought???

red&ballin'

i doubt that but you would probably get sued, its self defense or the defense of others.

if you were robbed and had the robber on gunpoint, you would be able to hurt him if he hurt you, then call the cops

All hat

The standard is this: If the person you are defending would have been justified in the use of deadly force against their attacker, then you are justified to use deadly force on their behalf. To be justified you have to reasonably fear of imminent death or great bodily harm. Great bodily harm includes everything down to and including fractures of long bones.

droptop400

Wouldn't matter to me. That's my mom.

John F

Where the heck do some of these people come up with there responses?? Are any of you guys cops???? You can not defend a third party by using a deadly weapon, i.e. a ball bat, if your trying to protect your mother from being punched.
Citizens uses of force are weighed on the same standard of reasonableness as are officers. You can not use deadly force to protect yourself from a simple assault. A closed fist is not a deadly weapon in and of itself. Your use of force must be reasonable. Did the person who had the bat try to use any lesser form of force before striking his mothers assailant?? Did they try telling the assailant to stop or give the assailiant sometype of warning that if they did not stop the assault that you would use the bat against them? Did they try using hands on to pull the suspect off of their mother? Or did they just sneak up behind the assailant and crack them with a ball bat?
If what you are describing is an accurate depiction of how the event occurred, then yes you can be arrested and charged for Murder, or some form of Manslaughter and will be found guilty.
Replace the use of the bat with the use of a handgun..This is directed to all who have answered this is self defense (what LE training do you have..Gez.) Can John Q Citizen just walk up behind someone and shoot them in the head because they are in a physical altercation? A bat and a gun are both deadly weapons ??? How would this change your response? For those of you that say this is self defense I would be curious to know what kind of LE experience you have and what state you are from.

Tonya B

Yes you would my cousin came home one day and found his mother getting beat up by her boyfriend. So he preceded to attack and beat him during this time he knocked the guy down and kicked him in the head which ended up killing the man. They sent my cousin to prison for involuntary manslaughter which is a lesser charge and he only served one year in prison. But he did go to prison.

Timothy S

yes you may get arrested. depends more on the facts of the situation. You had time to think about a course of action, and you should have called for help before attacking him.

mark j

Yes, but I wouldn't care. Nobody would get away with that if I was witnessing it against my own mother. I may rot in a jail cell, but at least my mother will be alive and the attacker will be rotting in hell.

Dylan

Depends. If he was down and you continued hitting him you would likely be tried for murder. If you hit him and he just fell down dead, then you would likely get off on Self-Defense and justifiable homicide. Worst case scenario would probably be Manslaughter, but that would be hard to convict you of.

goldfreeblue

depands how far u go with it

Ash H

It really depends.

I'm not sure if you're from the UK or not. If you're from the UK then there are special defences to crimes - "Self Defence" being one of them.

Self-defence applies to protecting yourself and others from harm. If you are being attacked or you see someone who is being attacked, you're allowed to use actions in order to defend yourself or others. However, the force used must be reasonable (not excessive) to the threat faced at that particular time.

For example if someone hit your mum in the face and you ran up to them and stabbed them then the force isn't in proportion to the threat faced by your mum and so you'd be charged with the relevant offence.

Also, regardless of whether you acted in self-defence you'd still get arrested as the Officer who arrested you would be unaware of your actions. You'd be likely to get charged too and then it's up to you, the defence, to put your defence forward and then for the jury to decide on the verdict.

A successful defence usually results in total acquittal.

the last thing that would cross their mind would be a louisville slugger. Your scenario definitely sounds like self defense however there is an old saying, I would rather be judged by 12 than carried by six and that applies to protecting my family and any other persons family.

Timothy M

No. Self defense.

bill.2933

Yes. but that doesn't necessarily mean you will be found guilty. Using an instrument to cause bodily injury or death is against the law. We have police to make those judgments for us. If I saw someone doing that to my mother, I am getting between them to allow my mother to escape and notify authorities without any regard to my personal safety. Because somebody harms another person, it doesn't give us the right to harm them. The wild west is gone and we now live in a society that protects us from deviant behavior. It isn't perfect but if we all try, it will get better.

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