Results 1 to 6 of 6

Hybrid View

  1. #1
    Join Date
    Feb 2017
    Posts
    3

    Default Self Defense for an Assault Charge After a Bar Fight

    My question involves criminal law for the state of: Pennsylvania. My situation is that Christmas Eve morning I left the bar got into an argument with sum guy then woke up in the hospital with no recollection of the events that took place I got my skull bashed in by his fist and have a metal plate in my forehead now and 70k$ in medical claims his lawyer is going for self defense but my thing is wouldnt self defense end the moment I was knocked on the ground and the threat (if I even was a threat) was over with guy is 3 times my size and was military and I was just a drunk talking shit. I don't know if I swong at him or not though.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Self Defense vs Assault

    The fact that you were impaired, have no recollection, and have no legal background are three good reasons why you need a lawyer. He can look at the actual evidence and see what legal claims there may be. As far as "self defense" goes as a defense, mutual brawing is usually not self defense.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Self Defense vs Assault

    Self-defense is a defense to some crime. So what is the rest of the story? What was this guy charge with and what were you charged with?

  4. #4
    Join Date
    Feb 2017
    Posts
    3

    Default Re: Self Defense vs Assault

    Quote Quoting budwad
    View Post
    Self-defense is a defense to some crime. So what is the rest of the story? What was this guy charge with and what were you charged with?
    I wasn't charged with anything he's being charged with simple assult but his lawyer is eating up my witness so I feel he's going to get away with self defense I mainly just want my bills paid. I have the district attorney on my side but he has the cops on his sense we had to push them to even look into the case cuz everything around here is "sketchy" I just don't see how brutally smashing ones skull in could ever be self defense after the threat is nutrulized it's no longer defense and by the sounds of it even if I did swing first (idk) he basically just destroyed me so no threat there.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Self Defense vs Assault

    If you want your medical bills, lost wages (if any), etc., paid then you need to get a personal injury lawyer to sue the guy. Even if the guy is convicted any court ordered restitution is unlikely to cover all the things you may be entitled to for compensation that you would get in a civil lawsuit. You need to make sure that the complaint is at least filed before the statute of limitations runs. A conviction in the criminal case would help your civil lawsuit, and if the guy is acquitted on the crime you might still win the civil suit since the burden of proof and what needs to be proven are different in a civil lawsuit. (You may recall that O.J. Simpson was acquitted in the murders of his ex-wife and her friend but that he was hit with a large civil judgment for the deaths later.)

    The evidence that each side has matters, as does how it is presented and how the jury regards what it sees and hears. Self defense claims are not easy to win without some good evidence that the defendant reasonably feared serious harm/death from the supposed attacker. But all you can do is see what happens as the case progresses.

  6. #6
    Join Date
    Feb 2017
    Posts
    3

    Default Re: Self Defense vs Assault

    We looked into personal injurary lawyers and not one will touch it because it's not a big money case like insurance claims or a car accident case so we were thinking of just a regular lawyer for the civil suit and thank you for the input

    1. Sponsored Links
       

Similar Threads

  1. Domestic Violence: Using Video Footage as a Defense to an Assault Charge
    By catlover in forum Criminal Charges
    Replies: 2
    Last Post: 09-08-2014, 07:48 AM
  2. Weapons Offenses: Using Self Defense to an Aggravated Assault Weapons Charge
    By willb in forum Criminal Charges
    Replies: 5
    Last Post: 10-11-2012, 11:25 AM
  3. Assault & Battery: Self-Defense to an Assault and Battery Charge
    By Insons Insontis in forum Criminal Charges
    Replies: 92
    Last Post: 06-11-2012, 09:08 AM
  4. Assault & Battery: Simple Assault Charge After a Bar Fight
    By Versatility in forum Criminal Charges
    Replies: 3
    Last Post: 05-01-2009, 10:56 AM
  5. Assault & Battery: Assault With A Deadly Weapon Charge After a Fight
    By vdub85 in forum Criminal Charges
    Replies: 3
    Last Post: 06-01-2008, 01:12 PM
 
 
Sponsored Links

Legal Help, Information and Resources