Charged With Aggravated Assault for Self-Defense

[cdwjava]

Your attorney will almost certainly raise the issue of self-defense if it even gets that far. But, I'm gonna wager that the other kids are going to have a different tale to tell, and you'd better hope that they don't have neutral witnesses, video, or texts to contradict what you claim to have happened.

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Self defense can be raised, of course.

But your side of the story doesn't sound entirely credible.

If I may, can I give you an example?

All week this gang of idiots have been tossing out insults, calling your Mom names, threatening you, just generally showing the common pack mentality of a hormonal bunch of 14 year olds.

You and your friend have had enough, and one of you basically comes out with "Oh yeah? Bring it, bro! BRING it!".

School's out.

Between the two of you, there's a whole 'nuther bunch of "We can take 'em" stuff, more or less filling you both with that awfully common but awfully dangerous sense of "Yeah they won't *#&$ with us again!" nonsense. One of you for some reason has access to mace, and a knife. Thinking these are essential to your health and wellbeing, off you go with these in hand along with a good old chunk of bravado.

Are you familiar with the Montagues and the Capulets? You are? Good. Lotta posturing, lotta bs, all for the wrong reasons.

Sound about right so far?

Yeap.

THAT didn't end well, either.

Well said! And, precisely what I was driving at! THAT Scenario ^^^^^ is the one I'd seen a hundred times before.

[PandorasBox]

There was a case in Florida. Two young women fighting over some loser. Both made threats to each other. One girl went to confront the other. The result? The confrontational one dead, the other one doing 27 years in prison.

Is that the way you want your life to be?

[Mr. Knowitall]

My question involves criminal law for the state of:Louisiana
I'm 14 years old.Yesterday, me and a friend of mine were walking down the street to go to his house.Out of nowhere, a gang of like 10 bullies started jumping on us.My friend slammed one to the ground, and then I sprayed the same guy that got slammed with mace, then started spraying at the rest.We both ran in opposite direction after that, but three of them followed me.They were aged around 11-13, but there was 3 of them and I had no chance in winning the fight against them, as I was out of mace.I decided I only had one choice to avoid being assaulted again.I pulled a knife, it was a pocket knife.I didn't use it, I just told them to get the **** away after I pulled it out.They still didn't leave they just started punching me anyway.I still didn't use the knife, but I should have.I threw it on the ground instead to resist using it.But what confuses me, is that I got charged with aggravated assault.Apparently I'm going to go to the juvenile detention center next court date.And they aren't even getting a serious charge, just simple battery.Is this right?All I did was defend myself against a gang of bullies, was I supposed to let them attack me?

For my amusement, can you please rewrite that using the slang language from A Clockwork Orange? "Me and my droog were out on a gooly. I had me nazh...." Even better if you can narrate it as a YouTube video, and play Beethoven in the background.

You were charged with aggravated assault because you brandished a dangerous weapon. They were not because they were unarmed.

A. Aggravated assault is an assault committed with a dangerous weapon.

B. Whoever commits an aggravated assault shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

C. If the offense is committed upon a store's or merchant's employee while the offender is engaged in the perpetration or attempted perpetration of theft of goods, the offender shall be imprisoned for not less than one hundred twenty days without benefit of suspension of sentence nor more than six months and may be fined not more than one thousand dollars.

[mrexplode]

For my amusement, can you please rewrite that using the slang language from A Clockwork Orange? "Me and my droog were out on a gooly. I had me nazh...." Even better if you can narrate it as a YouTube video, and play Beethoven in the background.

You were charged with aggravated assault because you brandished a dangerous weapon. They were not because they were unarmed.

Do people today have any morals at all?It was self defense!If I wouldn't have done what I did, we would have gotten beat up.I did not know that self defense was a crime.And if you guys don't believe me, that's fine.This thread is about the charges based on my claims, assuming they are true.I have not done anything for you guys to believe me, I have not shown evidence.But this is not court.I am looking for answers that will help me assuming my claims are true, not mockery, ridicule, and claims that I'm lying.

[Dogmatique]

Do people today have any morals at all?It was self defense!If I wouldn't have done what I did, we would have gotten beat up.I did not know that self defense was a crime.And if you guys don't believe me, that's fine.This thread is about the charges based on my claims, assuming they are true.I have not done anything for you guys to believe me, I have not shown evidence.But this is not court.I am looking for answers that will help me assuming my claims are true, not mockery, ridicule, and claims that I'm lying.

If they're true: you need an attorney

If they're not true and you're charged anyway: you need an attorney

[Mr. Knowitall]

Do people today have any morals at all?

Few here have been charged with aggravated assault, if that's a fair measure of morals.

It was self defense!

You are free to argue that to the prosecutor and, if necessary, at trial. But when you choose to arm yourself before an incident, it suggests that you're looking for trouble - that you hoped to provoke an incident then later claim "self-defense" - so you may face some skepticism.

If I wouldn't have done what I did, we would have gotten beat up.

Or you would have chosen a different route, or involved a grown-up, and thereby avoided the encounter altogether?

I did not know that self defense was a crime.

It has to be proportionate to the threat, and it doesn't count when you're the aggressor.

And if you guys don't believe me, that's fine

Right. Your problem is whether the prosecutor and judge will believe you. The police apparently did not.

This thread is about the charges based on my claims, assuming they are true. I have not done anything for you guys to believe me, I have not shown evidence.

I can believe you, and at the same time see a series of poor choices by you that led to this outcome. But we agree, the point is not whether or not we believe you.

I am looking for answers that will help me assuming my claims are true....

Even if we assume your claims are true, nothing changes about the answers you've received. Unless you convince the prosecutor, or the finder of fact at trial, that you acted in bona fide self-defense, you have a problem. The other kids are certainly telling a different story. Nobody here can promise you that the trier of fact will ultimately believe your story over theirs, even if your story is true.

If all you want to hear is "If you prove that your actions all constituted valid self-defense, you should be acquitted of the battery charge," you just heard it.

[Disagreeable]

You are missing the point. It is clear from the general facts surrounding this story you took a can of mace and a pocket knife to the wrong fight. Self Defense is not when you brandish a weapon because you underestimated the fight you walked into knowingly.

Do people today have any morals at all?It was self defense!If I wouldn't have done what I did, we would have gotten beat up.I did not know that self defense was a crime.And if you guys don't believe me, that's fine.This thread is about the charges based on my claims, assuming they are true.I have not done anything for you guys to believe me, I have not shown evidence.But this is not court.I am looking for answers that will help me assuming my claims are true, not mockery, ridicule, and claims that I'm lying.