Legal Question in Military Law in North Carolina
self defense?
If 7 guys are blocking 2 in and one of the 7 kicks towards the 2. One of the 2 throws a bottle at one as they move in to attack, is that considered self defense or assault??
2 Answers from Attorneys
Re: self defense?
It could be yes. It would depend on a greater understanding of all the surrounding facts.
LeJeune, MCAS, Bragg/Pope?
Re: self defense?
It would appear to be self-defense based on these facts. However, these cases are very fact specific and it is hard to generalize. One can use force to protect himself from bodily harm but only that amount of force deemed necessary to protect one's self. The issue here would be whether throwing the bottle could be deemed as excessive retaliation to a kick. However, I think you would have a good chance of self defense being applied.
Please feel free to contact me if you have any further questions.
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