Q: My 17yr neiece started a fight with me and pressed charges on me. What can I do when she stated it?
At my brother's home my neiece pushed me in to a TV and swong at me 3 times before I started to defend myself. Now CPS is using it against me and I was just defending myself.
A:
When you are the victim of an unlawful use of force, you may (or may not) have a right to use force in self defense, depending on the circumstances. (Penal Code 9.31) In some situations, your niece's use of force against you in her home may have been lawful. For example, if you entered or remained in the home without permission, if you interfered with her moveable physical property (PC 9.41), or if you used unlawful force against another person. (PC 9.33) Also, if you were babysitting for your brother there may be a for discipline of a child under 18. (PC 9.61)
The law of self defense is complicated, so you need to hire a skilled attorney to minimize chances of conviction. Hiring the cheapest plea-broker lawyer might not get you there and relying on court appointed counsel is playing Russian Roulette with your future.
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