Hyden, KY asked in Criminal Law for Kentucky

Q: A person threatens to kill someone & hits them w/ a belt, then the victim hits the other w/ a hammer. Who gets charged?

It occured on neither of their properties, and the person with a hammer didn't provoke them at all. The belt-wielding man came with the belts in hand ready to use, with many (realistic) death threats. The second man only pulled out the hammer after being hit. (they didn't bring it for mal-intent). The man was hit in the head with a hammer once and had 9 stitches. The belt mark on the other man disappeared within a day. Who gets charged with what during this situation?

(both men were about 6ft, around 200lbs, and in late 50s to early 60s)

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2 Lawyer Answers
Matt Schalk
Matt Schalk
PREMIUM
Answered
  • Criminal Law Lawyer
  • Princeton, KY
  • Licensed in Kentucky

A: It is possible that both could be charged either with a felony or a misdemeanor. That would be up to the investigating officer and/or the prosecutor to decide.

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Probably both should be charged although there may be a self defense claim.

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