Elizabethtown, KY asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi

Q: Can I go to jail if someone is stabbed in self-defense.

HE threatens to do harm to me and my family rushes at me to get to my sister I pull out a knife bring it too face level he sees it and still rushes at me he swings I dip low he impale himself on the knife I push him away raise it back up he sees it again he backs away starts fussing and we take him to the hospital then the next day I'm arrested then let out on bond and since then every time I went to court he has never shown what am I to do. All this happened in Jasper Alabama.

1 Lawyer Answer
Joseph Abrams
Joseph Abrams
PREMIUM
Answered
  • Criminal Law Lawyer
  • Anaheim, CA

A: Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it will depend on the facts that can be established and the quality and credibility of any evidence such as eye witnesses and physical evidence.

Arthur Calderon agrees with this answer

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