Can I plea self defense if a man is injured while he tried to attack me? - Criminal Law Questions and Answers- LawQA.com

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Can I plea self defense if a man is injured while he tried to attack me?

A drunken belligerent man was following a girl on the street. She knows him. She tells him multiple times to stop following her. She gets upset because he's slurring and making her feel uncomfortable. She says stop following me or I'll punch you. He grabs her arm and she turns and hits him. He falls backwards. He hits head on pavement. He is rushed to hospital. There is bleeding in his brain. He has an operation. He survives. The girl is charged with aggravated assault. Will she be able to plea self-defense? It's important she not have a criminal record for her work.

Answer By Lisa Mulligan
Lisa Mulligan Law Offices, LLC
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This certainly sounds like a situation where you acted in self-defense. You should speak with an experienced local attorney about the details of your case to get a better idea about how things will go in court and what needs to be done to prepare your defense

Answer Applies to: Washington
Replied: 11/27/2011

Edward  D. Dowling IV Attorney at Law
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Self defense is a defense to a criminal charge. It is not a plea. A plea is basically guilty or not guilty or no contest. The defense of self defense has to be proven at trial. You should hire an attorney.

Answer Applies to: New York
Replied: 11/8/2011

Law Office of James Bordonaro
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Yes, she can argue self defense. She also has a lack of intent defense as well. Does she qualify for a public defender or if she needs an attorney we may be able to represent her in court.

Answer Applies to: Kansas
Replied: 11/7/2011

Answer By Kiran K. Nair
Law Offices of Kiran Nair
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Yes but I strongly recommend she get an attorney because self-defense is complicated, and generally requires proceeding to trial. If she is a non-citizen, then she especially needs an attorney who ensures that she does not plead to a serious offense under immigration laws.

Answer Applies to: California
Replied: 11/2/2011

Answer By Kevin O'Grady
The Law Office of Kevin O'Grady
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If a person wants to argue the defense of self defense you need to have an attorney that is willing to fight all the way for you.

Answer Applies to: Hawaii
Replied: 11/2/2011

Answer By Frances Ruiz
Ruiz Law Group, P.C.
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Every case is different it depends on the particular facts and circumstances. Whether the person has a criminal history etc.

Answer Applies to: New York
Replied: 11/2/2011

Answer By Cynthia Henley
Cynthia Henley, Lawyer
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She needs a lawyer to help her but yes, it could be self defense in that situation. She has the right to hit him if he grabs her.

Answer Applies to: Texas
Replied: 11/1/2011

Answer By James A Bates
Law Offices of James A Bates
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That sounds like self defense to me. She did not use a weapon. He attacked her first. It is only bad luck that he hit his head on the pavement. She wins, I predict, but nothing is guaranteed in this world.

Answer Applies to: California
Replied: 11/1/2011

Answer By Jules Fiani
Jules N. Fiani, Attorney at Law
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Yes.

Answer Applies to: Michigan
Replied: 11/1/2011

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