Legal Question in Criminal Law in Kentucky

Laws on Self-Defense

My son was assaulted when his girlfriend's brother and two of his friends entered the unlocked door of their home uninvited by my son or his girlfriend. They beat and kicked him in the head and body, he was able to get to a bedroom, lock the door and call the police from his cell phone, which he lost reception before he said the apt. #. It was silent for 4-5 min. He didn't know if they had left or he was afraid they may be hiding so he picked up a box cutter and was going to see if police had arrived yet. He was on the phone talking to his friend as he opened the door because his apartment does not have any front windows. The boys rushed back into his apartment and my son threw his hand up to shield himself and the boy who charged him charged into the box cutter, the box cutter flew out of my son's hand and they began beating him again. Now my son is charged with Assault one, and the other boys only have Assault 4 (and no charges at all for just entering his home such as burglary). I am infuriated at this so called justice system. What is your thoughts and just what should he have done, let them beat him to death in his own home, which they just walked in? What rights does a person have to protect themselves in KY?


Asked on 6/09/04, 12:54 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Laws on Self-Defense

Your son certainly has a right to protect himself. At this stage of the game, I hope he has employed counsel or one has been appointed. All that being said however, you have to understand the position of the arriving officers. (1) all they saw at the time is a group of people fighting, one of whom has a weapon; (2) the situation is such that they cannot take sides so they charge everyone with the appropriate offense as it appears at the moment-fighting with a weapon is serious business as you now know; (3) the county attorney is the one who finally determines what the prosecution process is; (4)The girlfriend is key here-what does she say because it was her apartment and her brother-a lot of weight here. The process has apparently just started. It will sort itself out. DO NOT ATTEMPT TO SORT IT OUT WITHOUT THE ADVICE OF SOMEONE WHO KNOWS WHAT THEY ARE DOING i.e. an attorney. By the way, the Department of Public Advocacy is extremely competent so don't feel put off if your son cannot afford to employ an attorney.

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Answered on 6/09/04, 7:43 am


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