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self defense

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What is the name of your state? New York

My husband was attacked in the street by some man who hit him in the head with a wrench. Fortunately, it happened across the street from a federal building so federal agents came to break it up and the local police arrested the man. If the police didn't come right away and my husband would have defended himself, could charges have been brought against him whether or not the other man would have been seriously injured? There were many witnesses in favor of my husband stating that the other man took something out of his pocket and hit my husband first. Thankfully the police were there but we were just curious to know what the outcome could have been if the police were not there and a fight had ensued.
 


M

Mike101

Guest
A person can do whatever a person needs to do to defend themselves from injury up to and including deadly force. If you husband took the wrench away and hit the guy and knocked him to the ground and then kicked him 20 times and then started to beat him with the wrench that would not be self defense. If after hitting your husband and getting ready to hit him again your husband took out his own wrench and busted him in the head that would fall under self defense.
You can go one step above. I believe in New York you can use deadly force to prevent/stop a sexual assault and to stop an arson in addition to preventing your self or a third party from serious harm.
When the threat stops you have to stop.
 

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