If I was protecting my wife from an assault, can I in turn be accused of assaulting her assailant?
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If I was protecting my wife from an assault, can I in turn be accused of assaulting her assailant?
My wife was assaulted by a guy. I instinctively tackled him and hit him twice. He sustained some injuries. I had no intent to hurt him; it was instinct in stopping the assault and protecting my wife. There was no premeditation. He was arrested for 2 counts assault 3rd, breach of peace, threatening. He threatened to get his gun and kill me. They are considering arresting me with assault 2nd degree. This was on my property; he was belligerent and out of control. What recourse do I have? How can I persuade them to not arrest me? Should I speak with a criminal law attorney? In Madison, CT.
Asked on August 20, 2011 Connecticut
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can assert the defense of others if you are charged with assault. Defense of others in this case means you used reasonable non-deadly force on your wife's assailant to stop the attack and prevent her from being seriously injured.
If you are charged with assault, it would be advisable to speak with a criminal defense attorney.
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