Monday, October 20, 2014

Self Defense / Stand Your Ground / Fight / Mutual Combat / Who was the Aggressor / Defend Yourself / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    Is it illegal to push someone away if they got in your face?  Someone got in my face and i was afraid she was going to hit me, so i told her to get out of my face and she hit me. We got into a fight, and i was trying to slap her off of me, but she wouldn't stop hitting me, so i bit her. I don't understand how this is illegal if we're minors and i was trying to defend myself.

Michael Adam Haber


Contributor Level 20
Answered I am not a NH lawyer so I cannot comment on matters of NH law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for 23 years, then I would say that your proffer, if accurate, suggest a clear case of "self-defense".

In Florida (* "in FL") you are permitted to "stand your ground" and defend yourself against an assault / battery / violent act of another. You must actually perceive the threat to be real in your own mind's eye, and the threat must also be objectively reasonable to others (i.e. folks on the outside looking in must be able to think, "yeah, she was being threatened / attacked / in danger"), and then you are entitled (in FL) to use whatever force is reasonable under the circumstances to protect / defend yourself (in FL - again, "in FL" - even deadly force is acceptable, but many other States do not permit you to go that far).

Your proffer delineates a clear case of self-defense, but, if you were charged then apparently the cops didn't view it that way.

My advise: Locate an experienced Whitefield, NH area criminal defense lawyer, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.

I hope that I have been helpful in answering your question.
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For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

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1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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