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  1. #1
    Join Date
    Jul 2006
    Posts
    2

    Default Assault And Aggravated Assault Charges

    Hello,

    my friend got into an argument with a guy (guy1) outside a bar. My friend left the argument and went towards his truck, when he got to his truck another guy(guy2) aggressively, in an attacking type of manner, ran up behind him yelling "why you going to your truck". Meanwhile Guy 1 ran away. My friend grabbed one of his tools from his truck and defended himself against guy2 with it, leaving the guy2 with wounds that require him to get staples and stitches to his head.

    Guy2 at some point took the tool from my friend and hit my friend with it. Also, a bunch of guy2's friends jump on my friend and beat him...leaving him with wounds as well.

    Guy2 told police that he was just trying to break up the argument between guy1 and my friend. My friend was arrested and charged with aggr. assault.

    Isn't this self defence? Guy1 had already run off so what was guy2 breaking up? My friend says that he felt threatned by guy2 which is why he grabbed the tool in the first place.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Assault And Aggravated Assault Charges

    Quote Quoting miss mikki
    Meanwhile Guy 1 ran away. My friend grabbed one of his tools from his truck and defended himself against guy2 with it, leaving the guy2 with wounds that require him to get staples and stitches to his head.
    One can not defend himself against verbal comments. Your friend committed assault with a deadly weapon.

    Guy2 at some point took the tool from my friend and hit my friend with it.
    We call that "self defense."

    Also, a bunch of guy2's friends jump on my friend and beat him...leaving him with wounds as well.
    If I just got hit by a wrench or other tool, I would hope my pals would come to my aid as well!

    My friend was arrested and charged with aggr. assault.
    As he should have been.

    Isn't this self defence? Guy1 had already run off so what was guy2 breaking up? My friend says that he felt threatned by guy2 which is why he grabbed the tool in the first place.
    "Feeling" threatened does NOT give someone the right to attack another person. He might have been okay if he grabbed the tool and held it up telling Guy 2 to back off, but he didn't do that! He HIT Guy 2 with the tool.

    Self defense requires something more than being yelled at.

    - Carl

  3. #3
    Join Date
    Jul 2006
    Posts
    2

    Default Re: Assault And Aggravated Assault Charges

    Thanks for your response. I guess I failed to mention that he grabbed my friend.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Assault And Aggravated Assault Charges

    Quote Quoting miss mikki
    Thanks for your response. I guess I failed to mention that he grabbed my friend.
    Your friend will need to get an attorney to try and assert that defense. My guess is that the other guy and his friends will have a different version of events.

    - Carl

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