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Self Defence Case

F

fightingthetoot

Bluelighter
Joined
Jan 26, 2015
Messages
330
I have a serious court case coming up. I would like peoples honest opinions I will be relying on a jury to see my side and what happened was an act of self defence. I will try and explain it best I can.

What happened was, a guy and woman came to my house in a car. Came in through my front door of my house. Up my stairs in the top door then through to my living room door. I was sitting in my usual chair in my living room. They burst in. He grab me by the neck started laying into me, at some point while grabbing my neck choking me his thumbs slips into my mouth so I butt it he was attacking me. All this while I am still sitting on the chair I couldn't get to him because of him attacking me. But I managed to grab his legs, and I tried to lift him up and get him on his back and stop him. But as I am trying to lift him the woman gets involved she jumps on my back stopping me, so I am still stuck sitting on the chair he is still punching me about, I wriggle a little to the side, I grab on to my radiator to pull my self to the side as he still attacking me by this time the woman has stopped. I was pulling myself to the side I notice there is something on the radiator. Its a knife from the kitchen which I was using the day before to change the plug on a hoover my mum had gave me after it broke she just decided she wanted a new one rather than fix it so I fixed it and after fixing it I put it in the top of the radiator in the gap I have a habit of putting stuff in the top of the radiator. So as he was attacking me, and me still sitting down now with a small kitchen knife in my hand. I strike out and it stabs him just at his pubes, but he doesn't stop he is still attacking I am still seated, but the woman catches his attention for a moment this allows me to stand up and as I manage to get up it stabs him in the chest, at this time I through the knife away, I didn't know he was even stabbed at this time. But the girl gets in the middle he stops. He mouths of again. Before walking out the door shouting crap. He goes outside. I look out my room window he still standing him my garden I open the window and tell him to get in his car and fuck off he says come down fight so as I walk down the stairs, both us saying things to each other. As we get out the gate for this fight he wanted my dad came from no where and stopped it. Only then does he says to the woman come on I have been stabbed, a good few minutes after it has happened.

I hope you at least under the situation. What I wrote is the truth. I have a girl who was in my house with me who seen all this. She just froze at the other side of the room. But she seen what really happened that day.

But I have these other two telling lies. They are saying I invited them into my house then just attacked him. He managed to get away outside. But then I am meant to have opened the window and said you stand there I am coming down to stab you. That is basically what they're going to say in court to get me jailed. If someone told me they where going to stab me and my car was there I would get in it not fight with someone with a knife. But that is what I am dealing with.

Is it too far to stab someone when they have you literally backed into the corner. Sitting down on a chair with them punching my face. And trying to choke the life out me. What would you do if someone just burst into your house and done that? I never knew they where coming not at all. And this is in my own house. I thought a mans house was his kingdom, apparently not these days.
If you where on a jury. Would you give a guilty or not guilty? Or in scotland we have the not proven verdict, which means the case do not have enough proof. In my case it would be did I mean to cause him that harm or did I do this in the act of self defence as I had no other option, as I never.

Thanks if you read and leave a reply.
 
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Not much help as I don't know the law, but from a moral perspective I don't blame you, you were protecting yourself in your own house. If I had a knife next to me I'd use it out of desperation too. It would be a last ditch effort to protect myself. If all you say is true then I don't think you did anything others wouldn't do in the same situation.
 
What I said happened is what genunely did happen. Although they are saying he got stabbed outside. That when he left after the first fight. He stood in my garden I opened the window and said to him I was coming down to stab him. Said I came down the stairs and went out the gate with him and then stabbed him. But if you had a car sitting there and I told you I was coming down to stab you would you just stand there when you had your car sitting right there? And why even would you contuine to stand in someone gate after fighting with them that makes to sense had no real at all to keep standing there. Fucking complete cunts. Actually trying to get me jailed when they where the people starting there shit. Bursting into my house unexpected and attacking me and because I had to stop him I could be the one that goes to jail. I really hope the jury see it for what it is. Home is your kingdom, my fucking arse. Not in 2015 britian anyway. Ad be a hero in amercia.
 
Who opened the front door? These were just some random thugs that broke in and attacked you?
 
Yes I do. I have a girl who is saying what I am saying. The truth. She is related to the guy in question. Isn't nothing to do with her the fact he came in and attacked me but they are related. And she was put on pressure from family to say I attacked him first. And she said. But my lawyer got in touch with her and she has told my lawyer what pressure she was put under, and that when court comes around she will be telling the truth and telling the jury who exactly it was who put her under pressure and that she was told to lie to a court. Very serious. So that why she won't be telling any lies come court day. You have the guy in question and the woman with him saying one thing. And me and the a family member of the man who attcked me, and my dad saying another thing. My dad can't say nothing about what happened in the house he wasn't there, but he did see what happened in the street or more to the point what didn't happend. So that is 3 against 2 saying the stabbing never happened in the street only in the house. Also the only eveidence of anything happening is also in the house there was a blood spot in the house. Forenic mob where out and have a picture. That is the only thing that said a fight happened and this is in the house. But these two are saying it happened outside. You would think a jury would see it what its for. But you never know and its my liberty that is at risk, and it isn't just a daft 12 month stuff, its serious poridge. More likely be classed as a LTP. For defending myself in my house. Its a worry for me. Jail itsself isn't been before but going to jail for a long time for what happened that day will be hard to take as I felt I could do nothing more that day and I had to stop him.
 
lurching said:
Who opened the front door? These were just some random thugs that broke in and attacked you?
Click to expand...

They're not complete randoms I do know them. But we don't like each other, well its more they don't like me as I still don't really care about them.

It was them who opened my doors, with me not knowing they where there. Through my first door, up my stairs which is part of my actually house then you come to my top door then they came through that which puts you in my hall then walked to my living room door burst through that and the guy started attacking me as I was sat in my chair, was a total shock to be honest. I defended myself, or I stopped him from trying to choke the life out me.
 
Sorry but that's not what you told us before. You said that they broke in, beat your up, then you went after them and committed some kind of revenge attack.

The post was in the heroin thread about a month ago.
 
That what they said happened. I chased him after and stabbed him. What I said in this thread is what really happened. I maybe did mention it before I probs would have just said the jest of it as it probs was just a passing comment. But this I am asking what people think.

What you said I said in another thread kinda seems what happened, or like what they are saying happend. If it did even happen that way, they still came into my home uninvited and attcked me.
 
Did you deserve your beating?

If there was blood found inside, and it didn't come from you I'd say that refutes the accusation that he was stabbed outside.

Lawyer up with a top notch legal team and even OJ can be acquitted
 
You should be fine, afaik stabbing someone who has entered your property uninvited is considered reasonable force a ruling that I believe came out of the Tony Martin debacle). You shouldn't be asking here though you should be asking the most expensive solicitor you can afford.
 
Hello, I have a bachelors and masters degree in Law, but for the jurisdiction of England and Wales so I hope I can provide you with some basic help. What legal jurisdiction are you in sorry - Scotland?

Why do you not have a criminal defence solicitor? I would seriously recommend that you get one at the earliest opportunity. Your chances of having the cases dropped before court are seriously increased, and your chances of being found not guilty are also seriously increased. Exactly what offence(s) were you charged with and when are you due to attend court??

In cases of self defence you are entitled to use any force necessary to protect your life and liberty. There was a famous criminal case in England in which a police officer attempted to unlawfully arrest a citizen who had not actually committed a crime. Knowing that he had not committed the alleged crime, they viewed the unlawful arrest as tantamount to common assault, and in self-defense they struck out at the officer's face and severely broke his jaw. The court held that the arrest was unlawful and thus the breaking of the officer's jaw by the defendant was seen as proportionate for the sake of self defence to protect their life and liberty.

You must remember that as the defendant, you do not have the burden of proof at all. The prosecution has to prove many things in this case (though without knowing exactly what charges you face, I can't tell you them exactly):

That you actually stabbed him
That it was in not in an act of self defence
If it was in an act of self defence, that the force you used was not proportionate and reasonable in the circumstances
The location in which you stabbed him

All you have to do is plant a small seed of reasonable doubt in the jury's head on any of those several matters and they cannot find you guilty in law. If the prosecution cannot prove ALL of them variables, then you don't even have to speak to defend yourself. The onus is not on you to prove what actually happened, your only onus is to provide reasonable doubt as to what the prosecution are claiming.

If you want to watch a very good criminal defence team in action, I'd suggest watching the closing statement by Mark O'Mara when he defended George Zimmerman. He's a fantastic defence lawyer and the case he put together was so convincing, it was impossible that Zimmerman would ever be found guilty. Clips are available on Youtube.

Again, I can't really help unless I know exactly what you've been charged with.
 
Rybee said:
Hello, I have a bachelors and masters degree in Law, but for the jurisdiction of England and Wales so I hope I can provide you with some basic help. What legal jurisdiction are you in sorry - Scotland?

Why do you not have a criminal defence solicitor? I would seriously recommend that you get one at the earliest opportunity. Your chances of having the cases dropped before court are seriously increased, and your chances of being found not guilty are also seriously increased. Exactly what offence(s) were you charged with and when are you due to attend court??

In cases of self defence you are entitled to use any force necessary to protect your life and liberty. There was a famous criminal case in England in which a police officer attempted to unlawfully arrest a citizen who had not actually committed a crime. Knowing that he had not committed the alleged crime, they viewed the unlawful arrest as tantamount to common assault, and in self-defense they struck out at the officer's face and severely broke his jaw. The court held that the arrest was unlawful and thus the breaking of the officer's jaw by the defendant was seen as proportionate for the sake of self defence to protect their life and liberty.

You must remember that as the defendant, you do not have the burden of proof at all. The prosecution has to prove many things in this case (though without knowing exactly what charges you face, I can't tell you them exactly):

That you actually stabbed him
That it was in not in an act of self defence
If it was in an act of self defence, that the force you used was not proportionate and reasonable in the circumstances
The location in which you stabbed him

All you have to do is plant a small seed of reasonable doubt in the jury's head on any of those several matters and they cannot find you guilty in law. If the prosecution cannot prove ALL of them variables, then you don't even have to speak to defend yourself. The onus is not on you to prove what actually happened, your only onus is to provide reasonable doubt as to what the prosecution are claiming.

If you want to watch a very good criminal defence team in action, I'd suggest watching the closing statement by Mark O'Mara when he defended George Zimmerman. He's a fantastic defence lawyer and the case he put together was so convincing, it was impossible that Zimmerman would ever be found guilty. Clips are available on Youtube.

Again, I can't really help unless I know exactly what you've been charged with.
Click to expand...

My charges I believe are,
Assault to serve injury, to in danger of life, and permanent disfigurement. Because he nearly died is the reason they want to go ahead with a trail they where wanting to drop the case before because he came into my house etc but because he nearly died a jury has to decide if I used to much force, I was literally backed into a corner. I was seated when he came in and attcked me, even after the first time he got stabbed it didn't stop the attack.

I appreciate your help mate. They are saying I opened the room window and said to him I am coming down to stab you, but he just stood at in my door in my gate and let me come down with a knife and stabbed him, surely a jury/court would see right through that and know that has got to be total bullshit. Who in their right mind would continue to stand in the garden next to the door after saying you had left the house because I had attacked him, left only to stand at my stairs for me to shout I was going to stab him, if I said that you get in your car what was parked right there. Surely a jury will see that.

Thanks for your comments people. Nice to see people would have done the same in the situation. If I haven't done it I honestly don't know where he would have stopped.

To the dude who asked did I deserve it LOL him trying to beat me up, well does anyone deserve people entering there homes unexpected and invited and punching you, trying to chok you. And you end up in court with them telling lies trying to get you jailed does anyone deserve that? (Pedos etc aside)

Hope a jury sees it the way you good folk do.
 
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Hitting a pregnant woman
Stealing from my grandmother
Selling dangerous bunk drugs to underage kids
Any form of sexual assault on a handicap kid
Being a Scouser

There are five good reasons for a beating off the top of my head and I haven't even considered passing on an std to my daughter yet
 
One Thousand Words said:
Hitting a pregnant woman
Stealing from my grandmother
Selling dangerous bunk drugs to underage kids
Any form of sexual assault on a handicap kid
Being a Scouser

There are five good reasons for a beating off the top of my head and I haven't even considered passing on an std to my daughter yet
Click to expand...

I would give her anal herpes and wipe the floor with you afterwards.
 
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