Legal Question in Criminal Law in Washington

I was a new years party and a man was fighting with his girlfriend. They were both punching and pushing each other. They quit fighting for a moment and seperated but the guy was still going ballistic. He was very intoxicated and started punching walls and a kitchen counter he busted his hand open and picked up a glass and threw it at the wall. Everyone in the party pushed him outside where i was and where the girl was. As soon as he was outside he started running towards the girl so i stepped between them and said, "no man go that way". I thought he was going to go after the girl again. But he then punched me in the face and started punching me. So I started punching him back trying to get him off me. Then his girl friend and a few of his friends started punching me and scratching me. I was afraid i was being jumped and it was dark and chaotic. The fight got broken up and the guy left through the back yard. This all took place on a 2nd floor patio. When leaving the drunk guy that hit me fell down the stairs leading to the back yard. I then started to leave the party through the front. On my way out his girlfriend and a few of his friends came up and apologized to me. A couple of my friend left with me and we were in the street getting ready to leave and the guy who first hit me came around from the back of a house and walked through a park next to the house to get to us. He came up to us and started trying to fight again so i grabbed him, put him in a headlock and to him to the groung and layed on him because he was still trying to claw me and bite me. I was yelling at him, "hey man you better let me go! Hey man I'll let you when you let me go" While i was doing this his girlfriend came around from somewhere im not sure and jumped on me again so my friends pulled her off me. Finally the guy let go of me and so i got off him. Me and my two friends immediately left walking down the street to get away from the situation. Well a neighbor heard the fighting and called the police. And the police caught up to us a few blocks away. After holding us for awhile they let us go because they said the guy and his girlfriend were to drunk and didn't want to talk to the police. So the next day i was sleeping when the police came to my house and arrested me and charged me with assault 2 causing serious bodily harm. They told me that day the guy who first punched me was in the hospital with a ruptured spleen. I did not give a statement, I immediately asked for a lawyer. Supposedly there are about 8 written statements from witnesses some that confirm mine and a couple that dont. I haven't been in a fight since i was 15, im 31 now. The guy pressing charges is 28 and has a history of domestic violence. My question is, do i have the ability to plead either self defense, or defense of another person since it started when the guy who got hurt started running towards his girlfriend again?


Asked on 1/06/10, 1:06 pm

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

The plea would be not guilty. Prior to trial, your attorney will file a notice of claim of self dense and defense of others. That is, if it gets that far. If most of what you state can be verified, it is unlikely a prosecutor would take a case like this to trial.

If you do not yet have an attorney, hire one or apply for a public defender.

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Answered on 1/11/10, 4:31 pm


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