Legal Question in Criminal Law in Kentucky
My ex boyfriend saw another mans truck at my house and came in and looked through the house. He grabbed my cell phone and ran off with it trying to go through it. I chased him around trying to retrieve it and in the process I pinched him trying to get him to drop it. He has bruises on his arms. He now says he is going to file assault charges against me. Does he have a valid claim?
1 Answer from Attorneys
I'd like to see him file those charges. "So, while I was stalking my ex-girlfriend, I got all crazy jealous and charged into her house and tried stealing her property from her, and in the process, she left these bruises on my arm!" That's as stupid as the drug dealer who calls the police to report that someone stole his drugs. You do not have to retreat in your own home. If someone breaks in, knowing you're there, and is trying to rob you (which is exactly what he did), you can use force against them.
Seriously, it sounds like you have a real problem here, and that problem is not facing criminal charges for fighting off a home invasion. The problem is that your ex-boyfriend is a jealous stalker who doesn't see the problem in burglarizing your home. It is you who should be filing criminal charges against him, and getting a restraining order. You need to go to the county attorney yourself and get this matter taken care of, before the matter gets any worse. I would suggest that before you do, you retain the services of a local attorney to go with you, since he's threatened you with criminal charges, so you do not inadvertently make any incriminating statements to the authorities yourself.
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