I hit somebody with my car out of self defense...

[jcrampton]

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

I live in Pennsylvania...I was hoping somebody could help me find out if this is an acceptable form of self defense in this situation :

I went to the store where I saw somebody who I had bad blood with from a previous friendship. He asked me to meet him around the corner (to fight) and so I said "sure". He drove to a spot down the road and pulled over. He got out of his car and ran infront of mine as I was pulling in. It was at this point that I had decided that fighting this guy along side of the road was not the best of ideas. I slowed down but kept moving forward at a slow pace. He did have time to move out of the way but continued to block my only escape route. It was at this point that I had hit him (going about 5mph max). He now is pressing charges. Can I claim self defense since I wanted to retreat but he was in my way?

 

[Isis1]

DO NOT SPEAK TO ANYONE EXCEPT AN ATTORNEY.

In fact, i'd recommend deleting this thread.

 

[CdwJava]

This would not appear to be a case of self defense.

Consult legal counsel as this is likely a very serious, violent felony and could result in prison time with. You made at least two very foolish decisions here, and now you have to figure out how you can minimize the damage.

So, consult that attorney ASAP.

 

[jcrampton]

I already spoke with police. I am recieving an M3 (invoked in an accident while driving under suspension). So you think I should just be happy with that and plea out at pr-trial to reduce sentencing?

 

[CdwJava]

I already spoke with police. I am recieving an M3 (invoked in an accident while driving under suspension). So you think I should just be happy with that and plea out at pr-trial to reduce sentencing?

You should ALWAYS consult legal counsel prior to pleading guilty as their may be consequences to such a plea that you are unaware of.

 

[jcrampton]

Only problem is that I do not have very much money. I make 20 something an hour so I believe that disqualifies me for a public defender. I was only going to plea out after me and the DA came to an agreement on sentencing. I believe that the DA is required to a completely inform you of the sentencing that he/she will be recommending. As far as the judge goes, Im pretty sure he/she has to stay within state guidelines for said crime unless mitigating circumstances apply...sorry, I am not trying to argue, I am just trying to make informed decisions on a budget. Morally speaking, this situation was not my intention. When he jumped in front of my vehicle I panicked and made poor decisions due to a malfunction in my thought process.

 

[jcrampton]

Am I incorrect in any of this on what I said on my last post? If I am please, somebody, tell me. As I said, I am not trying to argue anyone, just get better informed so I know what I have to do next.

 

[swalsh411]

Yes the DA has to tell you what you are pleading to but that doesn't mean you are fully aware of the ramifications of such a plea.

I wouldn't try to claim it was "not your intention". You knew the guy wanted to fight and you agreed to it. A reasonable person would have just kept driving. What kind of a moron agrees to get out of his car and fight another dude along the side of the road? You're very lucky you aren't getting charged with something more serous.

 

[Gail in Georgia]

He didn't "jump" in front of your car. He stood in front of your car waiting for you to get out and fight him (something you agreed to do prior) and you decided your best route to take care of this issue was to run him over.

Gail

 

[jcrampton]

As I've mentioned...this was not my intention. I As I stated in my origional post he did RUN in frontmy of mythe. Hcar. No, he did not physcially JUMP onto my car or into my path. I had very little time to react and what I ended up doing was wrong but I did not have more than a second or two to try to make a rational decision (which obviously I failed at doing.)... Regardless, thank you for the responses.

 

[swalsh411]

It was your intention to get into an confrontation with this person. If you had done everything reasonably possibile to avoid them and they forced you off the road or something like that then yes you could claim self defense if you had to run them over to escape. However one of the basic requirements of a successfull self defense claim is that you weren't the one who initiated the altercation in the first place. I do not believe any claim of self defense would work given the circumstances you described.

However the point seems moot if you accept the lesser charge.

 

[2MsWife]

Could you not have put your car in reverse, backed up, and driven around him?

I once had an assailant (stranger) stand in front of my car to try and prevent me from leaving. My first inclination was to back up and drive AROUND the person, not INTO the person....

 

[FlyingRon]

Being inside a locked car, until he decided to start trying to smash the windows in does not generally put you in peril that justifies lethal force.

As stated, keep quiet and if the police make inquiries do NOT speak to them without a lawyer. Your "explanations" are incriminatory as they currently stand.