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Arrested for self defense

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health1981

Junior Member
What is the name of your state (only U.S. law)? California
My boyfriend was walking to my apartment from his car. An neighbor in another building was staring at him and my boyfriend said " can I help you"? They guy came down and kicked a box at him then got in his face and starting cussing at him and then grabbed his throat. My boyfriend had a can of tuna and soup in one hand and a beer bottle in another. His first instinct was to hit him with the beer bottle. The guy didn't go to the hospital, although ambulance came. My boyfriend went to jail and the guy denied doing anything. First offense for my boyfriend.
 


health1981

Junior Member
Gee, that's a shame.

When you have a legal question, be sure to let us know.
My apologies, I forgot to actually ask a question. How can we prove that this was self defense? Is there a way to avoid jail time since he wasn't' the one who started the fight?
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? California
My boyfriend was walking to my apartment from his car. An neighbor in another building was staring at him and my boyfriend said " can I help you"? They guy came down and kicked a box at him then got in his face and starting cussing at him and then grabbed his throat. My boyfriend had a can of tuna and soup in one hand and a beer bottle in another. His first instinct was to hit him with the beer bottle. The guy didn't go to the hospital, although ambulance came. My boyfriend went to jail and the guy denied doing anything. First offense for my boyfriend.
My apologies, I forgot to actually ask a question. How can we prove that this was self defense? Is there a way to avoid jail time since he wasn't' the one who started the fight?
Your bf should get an attorney. If he qualifies, he can be represented by a public defender: http://www.cpda.org/County/CountyPDWebSites.html
 

quincy

Senior Member
My apologies, I forgot to actually ask a question. How can we prove that this was self defense? Is there a way to avoid jail time since he wasn't' the one who started the fight?
Unless you witnessed the incident, there is little you can do. Your boyfriend should consult with an attorney in his area for help with his defense.

Your boyfriend was charged with what crime?
 

Zigner

Senior Member, Non-Attorney
There has got to be much more to this story. However, you should not be telling it here. BF should clam up and only speak to his attorney.
 

health1981

Junior Member
There has got to be much more to this story. However, you should not be telling it here. BF should clam up and only speak to his attorney.
There isn't anymore to this story. The neighbor of mine he got into a fight with is always staring out his window at people, doesn't like people parking in front of his building and has a video camera always recording the street. We told the cops about the camera and they haven't asked for it for some reason. That would show exactly what happened.
 

Silverplum

Senior Member
There isn't anymore to this story. The neighbor of mine he got into a fight with is always staring out his window at people, doesn't like people parking in front of his building and has a video camera always recording the street. We told the cops about the camera and they haven't asked for it for some reason. That would show exactly what happened.
Attorney. Period.
 

Zigner

Senior Member, Non-Attorney
There isn't anymore to this story. The neighbor of mine he got into a fight with is always staring out his window at people, doesn't like people parking in front of his building and has a video camera always recording the street. We told the cops about the camera and they haven't asked for it for some reason. That would show exactly what happened.
Did you witness this incident?
 

CdwJava

Senior Member
Clearly the alleged victim had a much different account of events. As a result, your boyfriend was arrested for the ADW. An attorney will know how to raise a defense based upon a claim of self-defense.

If he cannot afford an attorney, one should be appointed for him at or about the time of the arraignment.
 

Mt_Vernon

Member
We told the cops about the camera and they haven't asked for it for some reason. That would show exactly what happened.
The cops haven't asked for it because the cops are planning to railroad your boyfriend into jail. Often, when there is a physical altercation, the first person who speaks to the cops is treated by the cops as the victim. If the neighbor spoke to the cops first, the cops are treating the neighbor as the victim - which means that the cops will try to avoid looking at any evidence that could clear your boyfriend.

Make sure that your boyfriend gets an attorney, and that the attorney subpoenas the videotape BEFORE the videotape is erased.
 

Zigner

Senior Member, Non-Attorney
The cops haven't asked for it because the cops are planning to railroad your boyfriend into jail. Often, when there is a physical altercation, the first person who speaks to the cops is treated by the cops as the victim. If the neighbor spoke to the cops first, the cops are treating the neighbor as the victim - which means that the cops will try to avoid looking at any evidence that could clear your boyfriend.

Make sure that your boyfriend gets an attorney, and that the attorney subpoenas the videotape BEFORE the videotape is erased.
Oh brother :rolleyes::rolleyes:
 

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