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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110575
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My neighbor came onto my property and accused me of taking ...

Customer Question

My neighbor came onto my property and accused me of taking something that was already mine and on my property. He became physically and verbally agressive pushing me and butting me with his chest. He persisted until i hit him with a peice of pipe to defend myself. What are my rights and what are his rights?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
He was tresspassing on your land, you had a right to ask him to leave. If he assaulted you on your property, then you had a right to defend yourself. Now, since he assaulted you without a weapon, you will need to justify why you chose to use a weapon to defend yourself because you may only use appropriate force to defend yourself from a physical attack. If he believed you had stolen something and you denied it, then he should have called the police, not assaulted you. You may both be charged, but if you have a legitimate reason for escalating the force you used to defend yourself, you could get your charges dismissed because he initiated the confrontation on your property.

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