If I was protecting my wife from an assault, can I in turn be accused of assaulting her assailant?

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If I was protecting my wife from an assault, can I in turn be accused of assaulting her assailant?

My wife was assaulted by a guy. I instinctively tackled him and hit him twice. He sustained some injuries. I had no intent to hurt him; it was instinct in stopping the assault and protecting my wife. There was no premeditation. He was arrested for 2 counts assault 3rd, breach of peace, threatening. He threatened to get his gun and kill me. They are considering arresting me with assault 2nd degree. This was on my property; he was belligerent and out of control. What recourse do I have? How can I persuade them to not arrest me? Should I speak with a criminal law attorney? In Madison, CT.

Asked on August 20, 2011 Connecticut

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can assert the defense of others if you are charged with assault.  Defense of others in this case means you used reasonable non-deadly force on your wife's assailant to stop the attack and prevent her from being seriously injured.

If you are charged with assault, it would be advisable to speak with a criminal defense attorney.


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