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Drunken Altercation and Self-Defense

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  • 11-20-2008, 09:07 PM
    bad luck
    Drunken Altercation and Self-Defense
    My question involves criminal law for the state of: New York

    Hello, I was charged with Assault 3rd degree. I was excessively intoxicated leaving an atm after the bars had closed, while being assisted by my girlfriend because I couldn't stand up, when I was approached on the street. I had two of my friends with me as well. A verbal disagreement began, and knife threats were made toward myself, my girlfriend, and my friends, and the man began to make physical contact with me. One of my friends tried to send the man on his way, and get between the two of us. This would cause the man to begin circling around my friends to obtain close contact with myself. While feeling threatened I hit the man once, then flailed wildly without being able to connect. My friend who was trying to resolve the situation got behind me, then grabbed me while I was flailing, to move me aside so that i would not harm the man anymore(the first hit knocked the man to the ground).

    A police officer was there immediately. Almost as if he was watching this all happen. Being extremely intoxicated I ran. I didnt get far before I was apprehended. The officer called for an ambulance to have the man checked, but did not take statements from my girlfriend, or two friends about the matter. Although, he did take a statement from the man who was hit. That statement happens to be false, and I have three people to concur with that. I was told by all three of them that as he was being placed in the ambulance, he was still making knife threats.

    I posted bail and was released from jail 2 hours later, still very intoxicated.

    Is this self defense? Or did I act wrongly? I do regret hitting the man, but I am worried about my future. What kind of action can/should i take?

    Thank you very much for taking the time to look at, and respond to this post.

    Sincerely,
    bad luck
  • 11-22-2008, 11:26 PM
    Mr. Knowitall
    Re: Drunken Altercation and Self-Defense
    What was your BAC when they got you to the jail?

    There's a history here. Without knowing it, I can't guess at how this would play out in court. Do you have a lawyer yet?
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