Q: IF MY 16 YEAR OLD NIECE SWING AT ME AND MISS BUT THE KICKS ME AND IT LAND I SIT ON HER TO KEEP HER FROM HIT AND KICK ME
TIL SHE CALMS DOWN AND THE SHE GETS UP AND PUNCH ME IN THE FACE BECAUSE I PICK UP HER STUFF AND TELL HER SHE GOING HOME CAUSE SHE DIDN'T ASK ME TO GO ANYWHERE AND I HIT HER BACK CAN I GET IN TROUBLE AND SHE HAS A HISTORY OF FIGHTING GROWN UPS SHE CLAIMS I HIT HER FIRST BUT I DIDN'T I REACHED FOR HER ARM AND SHE NASHED IT AWAY AND BEGAIN TO SWING
A:
Anyone can get in trouble for anything. A more important question is can you get OUT of trouble. In this situation it sounds like you may have justifications for self defense in Penal Code 9.31 and possibly also discipline of a child under PC 9.61 (if her parents wanted you to look after her.)
If you are arrested, getting yourself out of trouble may be time-consuming and expensive... but it sounds like you've got a fact pattern that a skilled criminal defense attorney could use as the basis of a justification defense.
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