If someone threatens you and unlawfully restrains you, can you fight back?
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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 6 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.
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