My question involves criminal law for the state of: Maine
Daughter was punched in the face and knocked down by a man. She got up and punched him back in the face. Her boyfriend saw this and went and got in front of him. The man then grabbed a branch that was on the ground and struck her boyfriend. The boyfriend then ran and got a bat and proceeded to strike the man. The man was brought to the hospital with non life threatening injuries but banged up pretty bad. My daughter and her boyfriend left before police or EMT arrived. My daughter told an officer what happened over her cell and he stated they were looking for them. She turned herself in to him but her boyfriend did not. She got arrested for aggravated assault and is now in jail on a 5,000 bail and waiting to be arraigned. She defended herself against an attack, her boyfriend also did but why is she in jail?
Leaving the Scene of a Battery and Returning With a Weapon
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02-09-2014, 12:47 PMcdjbmLeaving the Scene of a Battery and Returning With a Weapon
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02-09-2014, 12:56 PMjkRe: What to Do
no, she did not defend herself against an attack. Based on your description, there was no continuation of the attack which she would have had to defend herself from. She got up and attacked the person that originally attacked her. That is not self defense. That is an act of aggression and likely why she is being charged.
from your description of the incident, I would expect all 3 parties to be charged with similar crimes. -
02-09-2014, 12:57 PMDogmatiqueRe: What to Do
She's in jail because she physically assaulted somebody.
It will take the court to determine whether it was self-defense or anything else. -
02-09-2014, 01:29 PMMr. KnowitallRe: What to DoAs she is charged with aggravated assault, it would appear that the police and prosecutor are treating her as an accomplice to her boyfriend's actions. A punch in the face is normally going to be simple assault.Quote:
Quoting jk
Quote:
Quoting Maine Revised Statutes, Sec. 208. Aggravated assault.
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02-09-2014, 01:44 PMcdjbmRe: What to Do
She has not been to her arriegnment yet and has not spoken to the public defendor. She has never been in trouble and being punched in the face by man i am sure she was in fear for her safety. If they do not find it self defense, i am sure it would be dropped to simple assualt. What happened between the man and her boyfriend should not fall on her.
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02-09-2014, 01:58 PMPandorasBoxRe: What to Do
If she was in fear for her safety, a more logical response would have been to run, scream, yell for help. Not get up and punch the guy.
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02-09-2014, 02:06 PMcdjbmRe: What to Do
Easy to say when you're not the one getting punched by a man (being a women). Most self defense classes teach you to fight back, not to be a victim. Do not make it easy for your attacker and lay down and take it.
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02-09-2014, 02:09 PMDisagreeableRe: What to Do
You did not say this was a situation requiring self defense. You said she was punched and fell down. That does not indicate a continuous attack was in progress requiring any self defense.
Quote:
Quoting cdjbm
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02-09-2014, 02:29 PMPandorasBoxRe: What to Do
For your information, I am a 5'0", Size 3-5 female.
I have taken a self defense course. You are trained on many ways that an assault can occur. Your goal is to get away. Which means stuff like holding up a hand and saying "Stop! Don't come closer!". Or if someone pulls you into an alley, you go for pressure points, eyes, crotch....you do what you have to in order to get away, and you haul ass while making as big a scene as possible. You do not get up and punch back.
Maybe you are leaving some details out......?
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"She got up and punched him in the face".
She didn't get up and run. She wasn't being hit anymore apparently. -
02-09-2014, 04:51 PMDogmatiqueRe: What to DoQuote:
Quoting cdjbm
Self defense doesn't mean that you and your boyfriend grab a baseball bat and start hitting the guy, either.
Then again, you weren't present so can't really know exactly what went on anyway.