Page 2 of 2 FirstFirst 1 2
Results 11 to 13 of 13
  1. #11
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is It Illegal to Attempt to Detain Your Attacker

    but if you were the only one with injuries and there was nobody that saw the fight, it becomes more evident who the aggressor was. Then, through their investigation, the police would attempt to make a solid determination and hopefully prosecute the bad guy.

    as it stands, you were seen acting in an aggressive manner towards the other guy. That makes you equal in the fight.

    look at it this way:

    I was seen arguing with a person. the next thing seen by a 3rd party, I have injuries on me and I claim the other person caused them


    or

    I was seen arguing with a person, the next thing a 3rd party sees is the two of us engaged in a physical altercation and I am seen as being in control yet I do not stop. Now, I was simply trying to detain the guy for the cops but obviously to do so, I had to be the aggressor and I had to be in control of the other guy.


    You can still argue your defense using a citizens arrest claim. You might even prevail. The fact is, the police were not going to make that call that night and as such, the proper thing for him to do is issue citations based on what he saw.

    you get your chance to defend yourself in court.

  2. #12
    Join Date
    Apr 2010
    Posts
    7

    Default Re: Is It Illegal to Attempt to Detain Your Attacker

    yeah, I see your point jk.....in hindsight, letting him go would have presented me in a much better light and given me a stronger case.

    But at the time, in the heat of the moment, still reeling from the shock that I was so viciously attacked by a friend, all I could think of was to somehow have an unbiased party witness this.

    This abovementioned desire of mine was in no small way influenced by the realiazation of my attackers vicious intelligence.

    During the tussle, when I stopped considering him as a threat and released his hands, and said that I was going to complain against him, he actually poked his face out, and asked me to punch him on the face, the nose to be specific, and call it "even" and not get the authorities involved. ( Interesting thing to note here is that he has a medical condition which leads to frequent nose bleeds. After hitting me for over 5 min, he purposely wanted me to hit him in a visible sensitive spot atleast once and make it all look like a fight, so that he doesnt get charged with unprovoked assault and battery!!)
    When I refused, and simply stated that I was going to lodge a complaint and began to step away, he viciously dug his claws into me. The only time he let go was when he heard the mention of the police.

    His earlier behaviour made it sort of certain in my mind, that if he ran away right now, he would go to the extent of injuring himself just so that I dont look like the victim anymore.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is It Illegal to Attempt to Detain Your Attacker

    Quote Quoting decimal
    View Post

    His earlier behaviour made it sort of certain in my mind, that if he ran away right now, he would go to the extent of injuring himself just so that I dont look like the victim anymore.
    ya, sometimes things like that happen but you would be surprised how smart some of the cops are. They often see through such a ruse.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Parking Violations: Meter Maid Tried to Detain Me
    By onefastman in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 06-15-2010, 05:17 PM
  2. Assault & Battery: My 12 Year Old Son Was Assaulted, What Will Happen to the Attacker
    By thatgirl in forum Criminal Charges
    Replies: 6
    Last Post: 09-25-2009, 01:04 PM
  3. Assault & Battery: Me vs Attacker or State vs Attacker
    By rionotjanerio in forum Criminal Charges
    Replies: 3
    Last Post: 08-27-2009, 07:11 PM
  4. Assault & Battery: What Happens to the Attacker
    By deelork in forum Criminal Charges
    Replies: 4
    Last Post: 02-13-2009, 01:07 PM
  5. Eviction Process: Is this attempt by landlord to evict illegal? - California
    By tenant23 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 12-14-2006, 11:09 AM
 
 
Sponsored Links

Legal Help, Information and Resources