Q: Can we file for dismissal based on protection of another in a KY criminal case?
I need to know if there's a way to file for dismissal in a criminal case based on the defense of protection of another. The case involves Assault 1st degree in Kentucky. A grown man, a convicted felon who was high and drunk, fired his gun during a kid's fight. The child, who has been charged, exchanged gunfire but was seen trying to break up the fight. Witnesses stated they were in fear for their lives and that the child was trying to protect them. Other defenses being considered include self-protection and assault under extreme emotional disturbance. How can we proceed?
A: You cannot file for dismissal based on these defenses but they can be asserted as defenses at the trial of the matter.
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