Assault

[nymets123]

I had a question regarding an incident that took place in New Jersey. In a club I had a friend make what she thought was a funny comment to a girl dancing around all by herself in front of everyone. The girl took extreme offense and started to come after my friend. My friend's buyfriend stepped in to break it up never laying a hand on eother girl. My friend and boyfriend started to leave. The dancing girl followed them out continuously shoving my friend's boyfriend. They all got outside and the dancing girl continued to push my firend's boyfriend. Finally my friend's boyfriend shoved her back, she tripped and fell banging her head on a rock. She was bleeding and they called the cops. My friend's boyfriend was arrested for assault. What is your advice???

 

[Tracey]

Plead self defense. The state has to prove you weren't acting in self defense beyond a reasonable doubt. Since bf was in active retreat while she hit him, he has a good argument for SD. On the other hand, one may only use a reasonable amount of force in SD, so the question will be whether it was reasonable for him to push her back. (I think so, but the jury's decision will depend a lot on the relative sizes of the participants.)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[nymets123]

Thank you for replying. BF has a witness and has plead not guilty and also intends on filing a cross complaint against dancing girl for her assault on him. What do you think?