Self Defense

[brandond25]

I am wondering, when would an officer not arrest someone for assault, and call it self defense? Or is it pretty much case by case basis?

I ask because my brother has this person whom is related to his wife. This guy is twice my little brothers size, and has a few times come into my brothers home threatening him, infront of his wife and kids. One time even stood over my brother, towering over him while he sat on his own couch in his own home. My brother can handle himself, when he gets really outraged, or is worried for the safety of his family. My question is, when this "tough guy" does this, would my brother go to jail when the law showed up, or get to go to sleep in his bed, his actions deemed self defense, and the other guy go to jail?

Also I am curious to know, if you are jumped, or attacked by more than 1 person that would obviously be ruled self defense, right? And what if you were attacked by more than 1 person and one of your attackers was killed?

All of these, I ask assuming there are no weapons of any kind except for what God gives us. My brother is tired of this guy coming to his house and doing stuff like that. All because my brother doesn't want him coming over there all messed up on drugs around his family. My brother and his wife have 2 small children.

Also, sorry, but want to know. If this guy was there doing this to my brother and his family and I showed up and threw the guy out for my brother, could I go to jail? Or would I have to say he slipped in the entry way on some spilt sippy cup milk, and got the big eye from falling on the corner of the china hutch?

[Citicop]

Why not tell your brother to tell him to leave the house?

If he refuses, your brother can call the police and WE will come remove him. That way, there is no chance any of the 'good guys' get arrested.

-Citicop.

[txinvestigator1]

Self defense laws vary from state to state. The situations you listed are too vague to really answer.

[brandond25]

I have told him to call the Police before. But I guess he doesn't think about it. I just know he has asked me a couple of times if he would go to jail for things getting physical if he tells him to leave and he either doesn't go, or tries to 'punk' (as he says it) my brother. I have always told him that if the cops came and saw how big the guy was and he made it clear he was in fear for himself and his family that he would most likely not even go to jail. As long as the story was the same with him and his wife, as to what actually happened. Just wanted to see if I was right in telling him that or not. The guys is bigger than him, I mean BIGGER. 6'3" and about 220 pounds. My brother is 6 even, and 150 soak and wet.

[Citicop]

I think it will not be easy for your brother to claim self defense against someone if he throws the first punch against someone who is in his house and related to his wife.

The courts in my state would likely hold that it was not reasonable for your brother to use force when calling the police to remove a non violent subject was another option.

-Citicop.

[brandond25]

That's just it, the guy may not leave. He did that once, telling the guy to leave. All he did was got up while my brother was sitting on the couch and walked over to my brother hovering over him making threats to him. Of course, my brother just sat there. He is related, in a weird way to my brothers wife. He was married to her sister, used to be her brother in law. But, they are not married anymore. But I will be sure to tell him to just try to call the cops when the guy comes back doing stuff like that. And hope he can take the blows if the guy starts hittin him.

[Citicop]

If the other guy starts swinging, it's a whole new ballgame.

My earlier advice was just not to get physical with a guy who is only standing there saying "I'm not leaving."

-Citicop.