Assault & Battery Self defense

[Tlm73]

Jurisdiction

Louisiana

I was attacked in my front yard by 3 individuals who was armed with bat's,my son came to my rescue with a wooden axe handle and swung it at them once to get them off of me but he did make contact with one of them and put their eye out,and he was arrested for aggravated assault.He only did it to stop them from beating me.Is this considered self defense.

 

[mightymoose]

This will be for a jury to decide.

Generally a person may use force in self defense or defense of others, but it is possible to use too much force that is unreasonable... Which is why it is best to not get involved to begin with.

A blow to the face with an axe handle that put out an eye is a pretty serious level of force, but it matches up somewhat with the level of force that was being used. A jury would be tasked with deciding if the force used in response was reasonable under the circumstances.

 

[adjusterjack]

.Is this considered self defense.

Louisiana statute 14:22. Defense of others. It is justifiable to use force or violence or to kill in the defense of another person when it is reasonably apparent that the person attacked could have justifiably used such means himself, and when it is reasonably believed that such intervention is necessary to protect the other person.

Get your son a good defense attorney.

 

[Tlm73]

Thank you