Legal Question in Criminal Law in Washington

nabor pulled a black powder pistal and said I"m going to shoot you in the head.So I told him I have nothing to loose shoot me, as I walked toard his car and grabed the gun and hit him a few times in the face and took the gun from him.He called police ,they recoverd the gun,police want my side of story but I have a warrant for not paying on F.L.O. and is exiditable Not able to go home or see my family.what should I do. also can I sue him in any way?


Asked on 9/22/09, 9:41 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

I always recommend that people make absolutely no statements to the police. Even your statements above make you guilty of a crime. Here is how. You are allowed to use reasonable force to defend yourself. Walking to the car and grabbing the gun is totally legal. However, then you are no longer in danger but you punch the guy in the face a few times. You've used more than legal force so you are guilty of assault 4 and possibly assault 2 (depending on the nature of the injury to the guys face). Since you temporarily have possession of the guy while punching the gun the prosecutor could possibly add a deadly weapon enhancement. So, DONT TALK TO THE POLICE. You should probably hire a lawyer. I don't know if you can sue him or if he can sue you for the injury to his face.

At your service,

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Answered on 9/28/09, 2:35 pm


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