Legal Question in Criminal Law in Georgia

Self Defense law

I was in the bed one night when i heard some voices outside i went outside and thats when i saw my brother in law hitting my brother in the head with a metal pipe

there was this girl that i did not know standing there and then she walked around the back of my van and came around to where my brother and brother in law were fighting

thats when i saw she had a bat in her hand and she hit my brother in the back of the head with it,

well i ran out to where she was to get the bat from her because i couldnt just stand there and watch while they took turns hitting my brother in the head,they could have killed him.

well after that my brother lost it and somehow ended up with the bat and he hit her in the head with it,

i called the cops and they arrested my brother,my brother in law and the girl they charged them with battery and charged my brother with aggravated assault

my brother had his day in court and the charges against him were dismissed because the court ruled it was self defense

the other to plead not guilty

could i end up being charged wiht battery?

they came to my house and i didnt even know the girl and yes i felt threatened when i saw her with the bat.

and they were trying to kill my brother.


Asked on 9/25/04, 12:14 pm

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Self Defense law

I am not sure I understand the facts clearly, but as a general rule, yes, they can charge you with battery if they have evidence of a battery. Self-defense would be a defense to the charge. In other words, unless it was a very clear case of self-defense, it is possible that you could be arrested for battery.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 9/27/04, 8:51 am
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Self Defense law

The real question is not, "Could they arrest me for battery?" Rather, "If I am arrested, what are my denfenses?"

From the facts you have given, it is not clear if you ever had the bat. It is also not clear if you ever did anything to aid or further your brother in his use of the bat.

I am speculating that all you did was to prevent the girl from entering the fray with the bat, and your brother somehow got the bat and defended himself.

If my speculation is true, I believe you have an issuable defense. If you would like to discuss this matter further, please call 770-607-5300.

Jim Hough

770-607-5300

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Answered on 9/27/04, 11:36 am


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