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

UPDATED: Aug 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 1, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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.

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 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 lock Secured with SHA-256 Encryption