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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 12-22-2008, 08:03 PM
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Defending yourself / physical altercations


What is the name of your state (only U.S. law)? Wyoming

I was in an altercation and the other party has filed a report, this person pushed and kicked me twice before I hit them back, only once did I hit this person. There were other people involved and this person was stepped on and hit by other people. This person has a hospital report and a fractured cheek. I told the reporting sherriff that I wanted to counter file a report against this person for starting the altercation. I was told that in Wyoming you are not allowed to defend yourself after you are hit or kicked etc... this person is blaming the whole incident on me because I was the only name this person knew out of that crowd that was involved. The sherriff does know who else is involved now. He said that it was up to the county attorney as to whether or not charges are filed.
Is is true that that you cannot defend yourself and what should I do to protect myself?
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Old 12-22-2008, 10:20 PM
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Any act of unwanted striking of another will be assault and/or battery (depending on the terminology used in your state's laws), so, technically, the officer is correct. However, "self defense" is a defense that may be raised at trial to assert a lawful justification of the application of reasonable force to protect yourself from injury.

Consult local counsel.

- Carl
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