The aftermath of a bar fight could mean anything from a Class C misdemeanor to a 1st degree felony. Things can get confusing in bar brawls, and there is a chance that you were swept up into something that had nothing to do with you. Top Greenwich and Stamford criminal attorneys also call the stand-your-ground law the "Castle Doctrine" as it suggests that deadly force can only be used protecting your home or "castle. " Snyder is currently at work on her latest book, Women We Buried, Women We Burned, which will be published this spring, and she's received a Hemingway Writing Fellowship, which will allow her to write in Hemingway's Ketchum, Idaho home – the last home he lived in before his death. If the bar fight included a gun, knife, or other weapon, you may find yourself facing charges of first-degree assault and up to 25 years in prison if you are convicted. Greg also explained that our client was not the primary aggressor, but that imperfect self defense would be an issue that jurors might struggle with throughout. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with assault and other serious crimes such as domestic violence and sex crimes. The prosecutor in an assault case has the burden of proving that the event was, in fact, an assault, and that the defendant is guilty beyond a reasonable doubt. If this is not possible, than the defendant must have reasonable belief about three subjects in order to constitute self defense: This means that the defendant must be threatened with immediate, illegal violence or other unlawful action, and that the action required the amount of force with which the defendant responded. If you sustain this as a natural position, it ensures preparation for an attack and qualifies you to block or strike.
On appeal the court overturned the conviction noting that there were questions as to the victim's identification of the defendant since the night club was crowded and dimly light. A bar fight can result in second-degree charges, which can lead to up to 10 years in prison and a $5000 fine. What Is Self-Defense Under Pennsylvania Law? Therefore, it's paramount to hurl, bash and swing with all your force to escape or evade a rear chokehold, getting slashed, or worse, killed. Q: You say that we have two different self-defense systems when it comes to the law in this country: one for men and one for women. One possible defense is that you were only fighting back out of self-defense. If you've been charged with assault, even though it was self-defense, you may need an experienced criminal defense lawyer to prove your case. Similarly, any force that you use to defend a friend in a bar fight must also be proportionate. Sure, absolutely there are female abusers, and women can be perpetrators of violence, but the physical asymmetry is almost always going to be there, and in any event, when I say we haven't created systems of safety, I am also saying that we have shamed male victims of domestic violence perhaps even more so than women. Of course, avoidance of bar fights is the best way to prevent assault charges, with its associated misdemeanor or felony on your record.
You were involved in a bar brawl and used force to defend yourself. We have a limited stand-your-ground law that applies in very specific factual scenarios. Usually the fights are between patrons. In addition to considering whether the defendant's response was reasonable, in many states the use of deadly force in self-defense (force likely to kill or seriously injure someone) is in a class of its own. Most assaults are simple misdemeanors. Upon release you will be required to serve a term of post-release supervision. When you reasonably believe such force is necessary to prevent an unlawful entry into your home by force. Suppose you're in a bar fight. This philosophy basically said that a man has a right to defend his property, his "castle, as it were. Just about everyone has experienced a great night out on the town that took a downhill turn. Suzy's mother has no valid self-defense claim because a slap in the face does not justify shooting at someone; she can be charged with and convicted of assault with a deadly weapon.
Keeping your hands where you can use them is vital in a bar fight – it's a primary rule. Now, he wants to start yelling at you about how wrong you are and how he'd like to punch you. The court will not have the option of sentencing you to no prison time. Consider another scenario. And we need better prevention strategies and more investment at this front end. The judge will listen to evidence and determine if you did indeed violate the terms of your probation. The court may reduce the amount of the fees, fines and restitution you are required to pay, or change the payment terms based on your financial consequences. Our passionate lawyers use their breadth of experience and knowledge to defend what is right and just. For example, the look at the size, age, and physical condition of both individuals in assessing whether self defense was necessary. You may end up spending a year in jail away from your family and friends.
With the booze and adrenaline pumping, you may make a self-incriminating statement that could be used against you later. If you are in need of a Riverside or San Bernardino assault defense lawyer following a bar fight, we are here to help you defend your legal rights. As our client walked out, upset that he was being forced to leave due to this one odd youngster, the young employee followed our client into the parking lot, saying to our client, "Your wife is a whore. Our success in cases like this, as well as many other assault and murder cases, are grounded in our diligence and attention to detail in crafting your self-defense arguments. Torrance, Bar Fight, Assault with Deadly Weapon, No Jail. However, if the threat involves the use of fists, you do not have the right to pull out and use a knife on your attacker.