Can you be arrested for omitting the truth in police report?

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Can you be arrested for omitting the truth in police report?

My fiance and his now ex-buddy got into a situation. His ex-buddy decided to hit a guy’s car with his fist because the man almost hit his child. The man got out of the car and attacked my fiance and his ex-buddy. My fiance hit the man to get him to stop and then held him down until police came. My fiance did not tell police he hit the man, but the guy and his former friend told court. This is my fiance’s first and only offense. What is self defense?

Asked on March 19, 2011 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Self defense is pretty much what it says that it is: the protection of one's person or property against some injury attempted by another.  But there are some caveats to any law and depending upon the requirements of your state, certain actions could fall outside the accepted definition.  Here is what I mean.  Generally speaking you can not use the defense of self-defense if you use excessive force against the force of the other person.  For example: someone comes at you with their fists and you pull a gun and shoot them.  That is unlikely to be considered self defense (I could see some extreme circumstances where it would be that they are few and far between).  Next, some states have a "duty to retreat" listed in their law, meaning that you have to first try and avoid the situation and get away.  That again is case sensitive.  I suggest that you speak with a criminal lawyer n your area.  Good luck.


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