Legal Question in Criminal Law in California
domestic violence
man and woman fight.man has size,height,weight.woman has a bat,is that equal in the eyes of the law?
Asked on 7/03/08, 6:46 pm
2 Answers from Attorneys
Daniel J. Mangan III
JuryTrialJustice
Re: domestic violence
"Equal" depends on who, if anyone is charged...self defense seems to be the question here. If a person is threatened with death or great bodily injury they could arm themselves...a reasonable person standard applies to this...contra-wise...arming ( and use?) of a weapon w/o cause could be excessive force (defense) for the circumstances.
Answered on 7/03/08, 7:33 pm
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: domestic violence
The law doesn't care whether the two sides are "equal". It cares who was the aggressor and whether the other party overreacted. The facts you have provided don't answer either of those questions.
Answered on 7/03/08, 7:34 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
