Legal Question in Criminal Law in California

defense for 243(d)pc

is there some sort of defense when the person who received the injury that is being charged -received it by forcing their way into your home provoking the injury in a mutual combat sort of situation? in this case, the "victim" forced their way into our home -refused to leave -was destroying personal property etc...refused to leave when asked and ggot hurt while we were trying to eject him from the house. does the "doctrine of unclean hands" apply? he was trespassing. in the charge it atates willful and unlawfully. the injury was an accident. is there no way to eject someone from your home if they refuse to leave? please help.

thanks


Asked on 9/13/00, 6:33 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: defense for 243(d)pc

You need to review your case with an attorney. A person has the right to defend themselves, and protect their personal property.

The use of excessive force can essentially negate the right to self defense or defense of property. To determine whether you have a defense will require an indepth discussion with an attorney.

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Answered on 10/17/00, 1:39 pm


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