My child who is 3 was attacked by a 10 year old, Let me make it clear that the 10 year old previously tried to drown another child 2-4 months earlier, and also it wasn't an ordinary spat. The 10 year old who had been warned not to hit my child, two seconds later was on top of my child trying to smash his head into a wooden toy box, the first attempt was unsuccessful as my child stiffened up. The second attempt was failed by me, I rushed over and kicked the 10 year old off. Now I am being charged with class d assault in Maine. Can I use self defense?

What did your Lawyer tell you?

You do have one? If not you had better get one.

Quote:

---

Originally Posted by jcl81

I rushed over and kicked the 10 year old off. Now I am being charged with class d assault in Maine. Can I use self defense?

---

Hello j:

No. Rushing over to REMOVE the 10 year old wouldn't have been a crime.. KICKING a 10 year old is. NO, of course, you can't use self defense.. You weren't defending YOURSELF.

Kicking children isn't very good. I don't care WHAT he was doing.

excon

Totally understand that no kid should be kicked or punched, but he could have killed my child. The toy box was wooden, which if he was successful in his attempt at smashing my child's face off it who is 3, could have caused serious boldly harm. The only reason I kicked him in the first place is my foot is the first thing that could reach him to stop my child from being seriously injured or suffer possible death, and I only had mere seconds to respond.

Also self defense is your property, children or belongings so it can be used to save a 3rd party...

Quote:

---

Originally Posted by jcl81

Also self defense is your property, children or belongings so it can be used to save a 3rd party....

---

Hello again, j:

I understand WHY you did it. I'm just telling you that WHY you did it won't fly as a defense in court. You're absolutely WRONG about self defense too.

I don't think you want advice. I think you want to tell me how right you were.

excon

Quote:

---

Originally Posted by excon

Hello again, j:

I understand WHY you did it. I'm just telling you that WHY you did it won't fly as a defense in court. You're absolutely WRONG about self defense too.

I don't think you want advice. I think you wanna tell me how right you were.

excon

---

And why isn't a lawyer involved here... and why not. Assult is a felony... and can result in prison time. A lawyer would have dealt with telling them the same things.

If they convince the court to let them defend themselves... the old saying applies.

The person defends themselves in court... has a fool for a client.


Even lawyers hire lawyers to defend them. Otherwise the outcome is all but certain, and not in their favor.

Quote:

---

Originally Posted by jcl81

Totally understand that no kid should be kicked or punched, but he could have killed my child. The toy box was wooden, which if he was successful in his attempt at smashing my child's face off it who is 3, could have caused serious boldly harm. The only reason I kicked him in the first place is my foot is the first thing that could reach him to stop my child from being seriously injured or suffer possible death, and I only had mere seconds to respond.

Also self defense is your property, children or belongings so it can be used to save a 3rd party....

---

I am reading that Maine law "allows" REASONABLE force in a situation - I don't think kicking a 10-year old is reasonable force. Apparently the Police didn't think so either. Was the 10-year old injured?

I would expect to next be sued IF the 10-year old is injured.

The circumstances might matter, although very little - you were aware that the 10-year old tried to drown another child, but you allowed your child to be in the 10-year old's presence?

I agree with excon - I think you are more concerned with proving you were right than you are in getting legal advice.

I would not attempt this without an Attorney.

What you will have to explain to the court.
1. why was the child even around your child to start with?
2. why after the first attempt, did you allow your child to be around him and why was not police called after the first attempt
3. why did you not just grab the child, why did you chose to kick him

** these will be some of the questions you will have to answer in court.

But you need an attorney, since CPS can be involved and this can effect even your custody of your own child if found guilty

Police are there to do there job, a police offer can not determine if guilty or not, if a woman says a man hit her the man instantly goes to jail... Same thing with a child. The child was unhurt, the mother never pressed charges after she called the police, it's me verse the state.

I am going to to get a lawyer, I just thought the answers to these questions were from lawyers not everyday people who don't understand law. My mistake...

Quote:

---

Originally Posted by jcl81

Police are there to do there job, a police offer can not determine if guilty or not, if a woman says a man hit her the man instantly goes to jail... Same thing with a child. The child was unhurt, the mother never pressed charges after she called the police, it's me verse the state.

I am going to to get a lawyer, I just thought the answers to these questions were from lawyers not everyday people who don't understand law. My mistake...

---

"Every day" people who don't understand the Law. Two "every day" people who have answered you actually went to law school.

The Police determine if there is enough evidence to arrest. That's what the Police do. If either party claims to have been hit there has to be evidence - an admission, a mark, a bruise.

The mother doesn't press charges. The Police file the charges and the DA "presses" them. Yes, it's you vs "the State." You must be one of those "every day" people, because you don't understand how things work.

You never answered why you allowed a child you knew to be dangerous to be around your child.

Apparently in your eyes people who don't agree with you don't understand the law. I think you are very much going to be surprised when you get to Court. Lets see if the DA and Judge know what they are talking about or if they are "every day" confused people.

EDIT: You can disagree with me and everyone else who posts. Nothing here is factually incorrect and I stand behind it 100%.

Yes the mother does not and never does press charges, the DA determines if there is enough evidence to proceed with the case.

The questions I asked will be ones your own attorney will want to know and will really be asked in court, ( if they have you even take the stand)

What you don't seem to consider is how serious this is, and that what you told us is a confession to the crime and shows it not justified. I hope that is not the story you will use in court.

1. The place of the incident, was at the fathers of my g/f's (whom died a few months before) Her sister also lived there at the time to pay expenses. The 10 year old mother is my g/f sisters friend. I had only partial say in anything since the bill's are split between us.

2. The first attempt and the second attempt were seconds apart. I didn't have time to think of my actions. Just to save my child from injury to his face, yes I wish I would have done something different now, but in the mere seconds it was just a parental reaction..

3. If you're asking why the police were not called when the child tried to drown another kid, because the parents are friends, other than that I can not say for I am no them.. I can only speculate.

I know this is a serious issue. I kicked the child off because it was the first thing that came to mind and how serious injury that could be done to my child. Yes, I did it, I am not a liar, and I don't even have a speeding ticket on my record. I did what I did to save my child from injury, my 3 year old

Quote:

---

Originally Posted by jcl81

1. The place of the incident, was at the fathers of my g/f's (whom died a few months before) Her sister also lived there at the time to pay expenses. The 10 year old mother is my g/f sisters friend. I had only partial say in anything since the bill's are split between us.

2. The first attempt and the second attempt were seconds apart. I didn't have time to think of my actions. Just to save my child from injury to his face, yes I wish I would have done something different now, but in the mere seconds it was just a parental reaction..

3. If you're asking why the police were not called when the child tried to drown another kid, because the parents are friends, other than that I can not say for I am no them.. I can only speculate.

I know this is a serious issue. I kicked the child off because it was the first thing that came to mind and how serious injury that could be done to my child. Yes, I did it, I am not a liar, and I don't even have a speeding ticket on my record. I did what I did to save my child from injury, my 3 year old

---

Lying and speeding tickets are different things. You are adding apples and oranges.

Your argument that you have no say in whether your child has contact with another child, three times his age, probably three times his size, who is KNOWN to be not only violent but also dangerous is ludicrous! You split the bills so you have no say when it comes to children (and probably adults) who are dangerous having contact with your child? Again, ludicrous.

Make that statement in Court and wait for CPS to show up.

Your JOB is to protect your child and that includes stopping foreseeable problems BEFORE they happen. Are you aware that if your child had been severely injured or even killed YOU could be charged for failing to protect that same child?

If your girlfriend's sister's friend (or however that plays out) doesn't have more sense than she apparently has it reflects on the sister AND your girlfriend. I see a bunch of adults who didn't use their heads. Of course, thank goodness it was a 10-year old you could kick off your child and not a known sex offender. In the latter case your child would have been abused in secret.

Instead of looking up Maine law about reasonable force I'd look up a site on responsible parenting.

Back to basics - who called the Police? The girlfriend's sister's friend? You couldn't refuse to allow that person and her son to have contact with your child but she didn't hesitate to call the Police on you?

I'd find a new girlfriend with another sister and different friends.

(The "disagree" says a lot more about you than it says about me.)

I called a lawyer and the Lawyer stated what I said, self defense!

I had reasonable force which is Maine's state law. Not only are you trying to make me look bad, now you are going to try to pick apart others people's life, for what to make yourself look good?

I am glad you found an attorney and he is right in that defense in protection of your child is your only hope, I do hope your attorney told you that it is tough defense and that your best hope will be a plea agreement to lesser charges.

But of course your attorney told you what defense you could do, not what your odds are in winning. Ask him if he won't charge you if he loses and see what he says.

What the police say in court, the people who called the police, the 911 tape of the call, what was said when the police got there. All of that will be reviewed.

All of my questions will be asked by the DA to try and prove you had plenty of chances.

As was mentioned CPS ( children's services) will be another issue, since they work under a assumed guilt and want you to prove you are innocent. And they will be concerned with why the child who is known dangerous was allowed to be with your child.

And even more important since that attack, has that child ever been back near your child,

Your attorney is telling you what to say and do and that is what you should do, We are telling you that the odds are against you,

Quote:

---

Originally Posted by jcl81

I called a lawyer and the Lawyer stated what I said, self defense!

I had reasonable force which is Maine's state law. Not only are you trying to make me look bad, now you are going to try to pick apart others people's life, for what to make your self look good?

---

I'm not trying to make you look bad (I think you've done a pretty job of that yourself) nor am I trying to make myself look good.

I am curious why your child was left pretty much unattended with a 10 year old who has a history of being violent.

I hope you'll come back and let us know how this plays out in Court.

Quote:

---

Originally Posted by jcl81

...
Also self defense is your property, children or belongings so it can be used to save a 3rd party....

---

What part of the word "self" don't you understand?

Defense of others is similar to self-defense, however.

For your information, defense of property is quite different than defense of persons (either oneself or others). With certain exceptions, for example, one is not entitled to use deadly force to defend property. But I digress. :cool: