Should I be put in county jail for assault if I attacked a person who robbed me?

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Should I be put in county jail for assault if I attacked a person who robbed me?

my brother was put into county jail for assault. A man approached my brother, tried to steal his phone and escape. My brother caught him and fought for his belongings. The guy’s injuries include a broken jaw. Even though my brother was actually the victim, he is in the county jail.

Asked on August 1, 2011 New York

Answers:

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

Answered 9 years ago | Contributor

Charges for assault and battery may be applicable if more than the degree of force reasonably necessary for self-defense was used.  The amount of force used may have been excessive since the thief had already run away.  Another issue is that this involved defense of property while self-defense applies to defense of the person.  Since this involved defense of property, the degree of force used may have been excessive.


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