Legal Question in Criminal Law in Virginia

Defense from attack by crutches
My son had a party at his house for a friend leaving for the marines. Five guys showed up looking for a particular guy to go with them back to a restaurant to fight with some other guys. He refused. My son, with a broken foot and on cruthes, was on the porch when a fight broke out, alledgedly started by one of the five guys. My son was 15 ft. away. One of the guys rushed towards him as to attack him. My son hits him two or three times with crutches. Cut victim's head; he had to have stitches. Police response to my sons house. The victim did not press charges. My son is on the porch with others. His cruthes are by the wall. The police asks some questions, then take the crutches, saying they're evidence. There was no arrest warrant or search warrant. My son was the only one arrested a couple days later on malicious wounding, attack by mob, class III felony.

Is the fact these five guys were ''itching for a fight'' prior to arriving at the party significant? Does my son have a right to defend himself, the only way he can at that moment, with his crutches? Can the police take his crutches without an arrest or search warrant?

Asked on 7/31/06, 10:58 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Defense from attack by crutches

The answer to your first two questions is yes.

If your son was arrested as a result of his alleged role in the incident, the cops can seize the crutches as evidence.

Your son must have the services of a competent

defense counsel to defend him in this unfortunate matter.

Answered on 7/31/06, 11:16 am

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