If someone threatens you and unlawfully restrains you, can you fight back?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone threatens you and unlawfully restrains you, can you fight back?

I was recently at a friend’s house when we got in an argument over a video game. He threatened to punch me in the face and told me to get out of his house. After I tried to leave he continued to try to

argue with me and I turned my back to him mid-argument to walk away where he then ran up behind me, bear hugged me tightly trying to restrain me from leaving, so I pulled his arms off, punched him in the face out of fear for my safety and left immediately afterwards. He has now tried to follow up

with pressing charges and claims he had to go to the hospital. Since I acted out of fear and used self-defense, do you think that he stands a chance with charging me with anything or do you think it’ll get

dismissed as it was out of self defense? I should also note the guy cannot afford a lawyer as he has been unemployed for years. This happened 3 days ago.

Asked on May 4, 2018 under Criminal Law, Texas

Answers:

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

Answered 2 years ago | Contributor

Although it is not possible to predict the outcome of a particular case, you do have a strong argument for self-defense because you tried to retreat by walking away and were attacked.  You used reasonable non-deadly force to defend yourself and stop the attack in which you feared for your safety.  Therefore, it is unlikely that your attacker will prevail in court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption