Defending a friend, CHARGED WITH ASSAULT!!!

[workman43113]

What is the name of your state? I live in Ohio.

Last weekend a friend of mine was involved in a very heated verbal exchange with another man who had made clear he wanted to fight. My friend responded by telling the man he did not want to fight and proceeded to turn around. The guy instigating the fight also turned around and walked off as well and began starting to talk to a friend of his. I was standing adjacent to my friend and the instigator at a distance of about 7 feet having a conversation with another friend. My presence was unknown to both my own friend and the instigator as well. As the instigator was talking to his buddy I was watching intentally because he seemed to be in a state of arrousal and still heated. Being that my buddy was facing away from the agitator I watched intentally in case he was to attack my friend from behind. Low and behold he started running towards my friend fist clinched and ****ed back as to punch him. Seeing as my friend was facing the away from this man and was not able to see the oncoming sucker punch I proceeded to luckily push the man out of the way just a few feet away from him landing a "sucker punch" on an unassuming victim.

As I pushed this guy he fell and hit his head on the brick wall outside the building and received 14 staples but is alright now. I'm now being charged with assault and feel that I shouldn't be due to the fact that I was only attempting to stop what could have been bad news for my friend. I feel horrible that the mans head was split as my intention was only to thwart a would be assault by the agitator and not to harm him. I also feel I had a moral obligation to intervene on my unassuming friends behalf so he would not have gotten hurt from a sucker punch from a rather large man. This morning I entered a plea of not guilty and my question is what chances do I have in this case given the circumstances. I have never been convicted of anything like this or any crime outside speeding, traffic. Also this man lives in another state (tenn) and will most likely not be attending trial. I also have a few witnesses as well who saw the whole thing and whose stories corraborate with mine.

Thank you very much for any and all help.

 

[You Are Guilty]

I realize you haven't asked a question, so until you do, try reading this:
http://en.wikipedia.org/wiki/Self-defense_%28theory%29#Defense_of_others

 

[workman43113]

my question is do I have a chance fighting this. If so what chance do I have good/slim, etc. I appreciate the link any other help outside of wikepedia would be great though.

 

[Ohiogal]

YOu committed assault. You may be able to defend based on defense of third parties but you did commit assault. The defense claim is an affirmative defense.

 

[workman43113]

Wow really?!?! I find it hard to believe and more so saddening that in today's society I'm supposed to sit back and watch a friend be hit from behind while not looking (something which could have seriously injured him) and not be able to intervene. It's crazy to me that a mere shove to prevent a assault with the intent to harm can be turned into an assault itself. Remember I only pushed this guy to redirect a blow to an unassuming person npt to hurt or harm him although ultimately it did. Thanks for all the help but I must admit I'm a little disheartened.

 

[BL]

my question is do I have a chance fighting this. If so what chance do I have good/slim, etc. I appreciate the link any other help outside of wikepedia would be great though.

http://www.ittendojo.org/articles/general-4.htm

I would say you need an attorney .

 

[xylene]

You say this incident happend outside a "building"

Did this building happen to be a bar / tavern / place of alcohol sales?

Had you, your friend, or the thwarted assailant consumed alcohol?

Did this happen at a social gathering place or out of the blue?

Was it at night?

These questions are important to the scene and whether or not it is believable that were indeed a disinterested party or a co-combatant along with your friend. IE whether this was a proper use of force.

Retain a lawyer immediately.

 

[workman43113]

You say this incident happend outside a "building"

Did this building happen to be a bar / tavern / place of alcohol sales?

Had you, your friend, or the thwarted assailant consumed alcohol?

Did this happen at a social gathering place or out of the blue?

Was it at night?

These questions are important to the scene and whether or not it is believable that were indeed a disinterested party or a co-combatant along with your friend. IE whether this was a proper use of force.

Retain a lawyer immediately.

This was outside of a bar. My friend nor myself drink or were drinking we were there meeting some friends because our high school reunion was being held there but it was also open to the public as well. I believe the assaailant was intoxicated and I believe that is also in the police report.

It was at night and there were many people who saw it many of which told the police exactly what I have told you all more or less. Also I think a few other people reported to the police that the same guy was harrasing them and some girls were even fondled by him, etc, etc.

Thank you all very much for your help. I'm not very worried about this but also do not want to plead guilty to something I feel was not wrong on my behalf. Despite this guy being a total @$$ I never intended to hurt him and was genuinely concerned for his well being as I never wanted a simple push meant to stop my budding from being decked turn into someone busting there head open.

 

[seniorjudge]

This was outside of a bar. My friend nor myself drink or were drinking we were there meeting some friends because our high school reunion was being held there but it was also open to the public as well. I believe the assaailant was intoxicated and I believe that is also in the police report.

It was at night and there were many people who saw it many of which told the police exactly what I have told you all more or less. Also I think a few other people reported to the police that the same guy was harrasing them and some girls were even fondled by him, etc, etc.

Thank you all very much for your help. I'm not very worried about this but also do not want to plead guilty to something I feel was not wrong on my behalf. Despite this guy being a total @$$ I never intended to hurt him and was genuinely concerned for his well being as I never wanted a simple push meant to stop my budding from being decked turn into someone busting there head open.

Go to court and tell your side of the story.

Tell the judge you were stone-cold sober; sober as a judge ... no wait. I've been to too many judges' conventions. Just tell him y'all were sober and the bad guys were drunk (if that is, in fact, the truth.)

 

[publius]

Go to court and tell your side of the story.

Tell the judge you were stone-cold sober; sober as a judge ... no wait. I've been to too many judges' conventions. Just tell him y'all were sober and the bad guys were drunk (if that is, in fact, the truth.)

More importantly, when you hire a lawyer help your lawyer identify all the WITNESSES who can testify to that. And most importantly any witnesses who can testify that the other guy was about to attack your friend from behind.