What are the chances of a judge dismissing the case due to self defense?

UPDATED: May 26, 2012

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What are the chances of a judge dismissing the case due to self defense?

My fiancé contracted a cabinet company to install cabinets, after a week of no communication when we had been trying to contact them they showed up with 3 men to finish the job of just putting on several cabinet doors unannounced. Mind you the job is fully paid for.. They started working when my fiancé brought it to their attention that the colors on the doors were all off and that one of the bottom cabinet doors was actually suppose o be a pull out drawer.. They then started to argue as I heard voices that escalating as I was in the room… My kids then started screaming and I heard a bunch of chaos in the kitchen I then started running to the kitchen screaming what’s going on look into the kitchen toward the back door and I see all the cabinet guys running out as my fiancé is getting up from the floor in a kneeling position .. The cabinet guys called the cops stating my fiancé hit them with a bat. The cops then took my fiancé into custody being held on two charges of assault w a deadly weapon not a fire arm and a 125 thou bail but with no hard evidence. Looking at 3 years with 2 strikes only going off what the police report states. I have yet to testify what I saw and the facts to the judge.. what are the chances of the judge dismissing the case it being self defense and all due to the fact that my kids n I were in the house and my finance feeling threatened ?

Asked on May 26, 2012 under Criminal Law, California


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

Self-Defense is an affirmative defense which means it must be raised by defense counsel. Your fiance will have to testify to being under a immediate threat of bodily harm in which he will be allowed to use reasonable force to defend himself. If the Judge or Jury believes that the assault was indeed self defense, and that your fiancé was not the initial aggressor, he should be could befound not guilty at trial. 

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