I am being tried for threatening. Someone entered my home, I told them to get out... they refused, so I called 911. The next day I was arrested for telling him I'd pick up a knife if he wouldn't get out of my face. Since I was in my own home & he had no right here & I called the police for help, don't I have a defense?

In the eyes of the police and that they look upon threats with weapons as serious that's why you were probably arrested .You do have rights in your own home yes , but the only thing is calling the police is way! Way better to dealing with people like that , that way the police or that can deal with it and arrest the person as a tresspasser otherwise ud get into trouble like you did hope that helps x

Hello RG:

If he was attacking you, you had the right to pick up the knife to defend yourself. You do NOT have the right to threaten to do it.

excon

Where do you live?

I would pin a metal on you. If someone breaks into my house, I will take out a knife, bat, whatever to get them out.

The cops take FOREVER to respond.

Get a lawyer, talk with him.

Elect for a jury trial if it comes to that.

You don't say HOW he entered your home. As excon said you don't have a right to threaten an unarmed person with a knife or gun, even if they are trespassing.

So what you do is press charges for trespassing and harassment. Turn about is fair play (see here: https://www.askmehelpdesk.com/other-...tml#post257887)

Quote:

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Originally Posted by excon

Hello RG:

If he was attacking you, you had the right to pick up the knife to defend yourself. You do NOT have the right to threaten to do it.

excon

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I have a temporal lobe brain injury & on a medication I was having a bad reaction to. I have a letter from my doctor stating the meds were having a bad affect on me. Doesn't this carry any weight?

Hello again, RG:

It should carry some weight, especially when it comes to sentencing. Tell your lawyer. He'll know what to do.

excon

Quote:

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Originally Posted by CaptainForest

Where do you live?

I would pin a metal on you. If someone breaks into my house, I will take out a knife, bat, whatever to get them out.

The cops take FOREVER to respond.

Get a lawyer, talk with him.

Elect for a jury trial if it comes to that.

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I live in Maine & am going through this four years later. Therefore, I feel there is no hope for American justice & am awaiting Permanent Residency in Canada. Someone said to press charges against him for tresspassing and harassment. There was an accord & satisfaction & he is long gone. I had a post conviction & won. Now the courts are playing games with me again. Did I mention I work with the courts? My email is [email protected]. It's great chatting with a fellow Canadian. There it would have never been a crime. I was in my house period. He never should have been here.

Hello, sorry but in many states in the US if you can escape, even if it is your own home, you have to escape not use force, or threat of force.
So if someone breaks in, you tell them to leave and they don't, you are suppose to run and call the police.

This sounds like someone you know and is more of a domestic ( friends) sort of issue which is viewed very different.

And of course it is a defense, but a defense in court, so at your trial you can tell them it was in defense. But the defense would have to be in reaction to something they did to make you in fear for your life, not merely for not leaving.

Quote:

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Originally Posted by RG Kilian

I live in Maine & am going through this four years later. Therefore, I feel there is no hope for American justice & am awaiting Permanent Residency in Canada. Someone said to press charges against him for tresspassing and harassment. There was an accord & satisfaction & he is long gone. I had a post conviction & won. Now the courts are playing games with me again. Did I mention I work with the courts? My email is [email protected]. It's great chatting with a fellow Canadian. There it would have never been a crime. I was in my house period. He never should have been here.

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Glad to hear that you won.

But if he is long gone, how can they even be brining this up again?

And what about double jeopardy?