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aggravated assault

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V

vacaville

Junior Member
What is the name of your state? california
this is what happened. i was at a party and this guy spit in my best friends face. which is a girl. so i asked him if he did and he got in my face and threatened to put a gun to my face. so i told him to do it if he really had a gun so he punched me. i backed up and said im not fighting. he then punched me two more times so i started to hit him back. i had a glass bottle of e&J in one hand and hit him maybe 4 or 5 times. i this considered self defense? cuz i had no intention on fighting.
 


T

TomD1974

Member
If you retreated and he still came after you, it probably is self-defense, assuming that you did only what you had to do to make him stop. If you hit him multiple times after he had clearly given up, especially with a weapon above and beyond what he was using, it may not be.

Let's face it - fights are nasty things with a lot of people interpreting events differently. And of course usually about half the people are drunk. So at the end of the day there would often be a question as to whether your actions are seen as cut-and-dried self defense or something much different.
 
S

Shay-Pari'e

Senior Member
vacaville said:
What is the name of your state? california
this is what happened. i was at a party and this guy spit in my best friends face. which is a girl. so i asked him if he did and he got in my face and threatened to put a gun to my face. so i told him to do it if he really had a gun so he punched me. i backed up and said im not fighting. he then punched me two more times so i started to hit him back. i had a glass bottle of e&J in one hand and hit him maybe 4 or 5 times. i this considered self defense? cuz i had no intention on fighting.

Sounds like you had every intention of fighting. (It also sounds idiotic). Was anyone charged?
Click to expand...
 
CdwJava

CdwJava

Senior Member
What's "aggravated assault"? We don't have that offense, specifically, in CA.

vacaville said:
i was at a party and this guy spit in my best friends face. which is a girl. so i asked him if he did and he got in my face and threatened to put a gun to my face. so i told him to do it if he really had a gun so he punched me. i backed up and said im not fighting. he then punched me two more times so i started to hit him back. i had a glass bottle of e&J in one hand and hit him maybe 4 or 5 times. i this considered self defense? cuz i had no intention on fighting.
Click to expand...
Self defense is something you raise as a defense at trial. if you struck him to stop the attack on you, you might have a viable defense. However, if the witnesses and evidence have you attacking the guy out of retaliation or anger, or as part of a mutual fight, then he could be guilty of misdemeanor battery (PC 242) and you could be guilty of felony assault with a deadly weapon (PC 245).

- Carl
 
V

vacaville

Junior Member
aggravated assualt

Shay-Pari'e said:
vacaville said:
What is the name of your state? california
this is what happened. i was at a party and this guy spit in my best friends face. which is a girl. so i asked him if he did and he got in my face and threatened to put a gun to my face. so i told him to do it if he really had a gun so he punched me. i backed up and said im not fighting. he then punched me two more times so i started to hit him back. i had a glass bottle of e&J in one hand and hit him maybe 4 or 5 times. i this considered self defense? cuz i had no intention on fighting.

Sounds like you had every intention of fighting. (It also sounds idiotic). Was anyone charged?
Click to expand...

no one was charged but they did call the police that night. i didnt have any intention on fighting i didnt even know who the guy was who spit in my friends face. i was just asking around then he got in my face. and so forth and so on.
Click to expand...
 
V

vacaville

Junior Member
TomD1974 said:
If you retreated and he still came after you, it probably is self-defense, assuming that you did only what you had to do to make him stop. If you hit him multiple times after he had clearly given up, especially with a weapon above and beyond what he was using, it may not be.

Let's face it - fights are nasty things with a lot of people interpreting events differently. And of course usually about half the people are drunk. So at the end of the day there would often be a question as to whether your actions are seen as cut-and-dried self defense or something much different.
Click to expand...
he didnt stop hitting me at all.. after i seen blood everywhere i threw the bottle down but he continued to keep hitting me. i got pushed into a barbquer and then i fell on the ground and he was on top of me hitting me and people were trying to pull him off. they finally got him off me so i ran threw the house and i left.
 
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