How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9854
Experience:  JD, MBA
9373668
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

Had trouble with a neighbor who challenged me to a fight by

Resolved Question:

Had trouble with a neighbor who challenged me to a fight by the front gate of my house. I asked him to leave and he refused and his wife began calling me a faggot from their yard. he was hanging over the front fence in my yard and threatening me. In fear I spit at him because I believed he was coming over the fence(I have video of his wife taunting and him standing at my front fence. I also have video of me requesting him to leave my property and he refuses. i spit at him the distance was about 5 feet and as my throat was dry from fear little to nothing came out. he is trying to press battery charges against me-I don't think his odds are good but with police nowadays you never know. It seems to me under Castle Law you can defend yourself on your own property if threatened. The investigating cop kept saying that even though he was hanging over the fence in my front yard and hurling threats since he wasn't actually in my yard i could be charged with battery.i think this is ridiculous! What is your expert opinion?
Submitted: 2 years ago.
Category: Legal
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for allowing me the opportunity to assist you.

I do think that it's ridiculous, but the police officer is probably technically correct. Spitting on somebody can certainly be battery. On the other hand, you do have the right to stand your ground in Virginia and defend yourself. The issue here is whether spitting on the neighbor was defending yourself. I think that's probably a weak argument because spitting wouldn't have helped you if you had felt physically threatened. Of course, you can argue that it was a natural defensive move even if it wouldn't have helped. In any event, the botXXXXX XXXXXne is this: I don't think the prosecutor will attempt to prosecute you. It's a ridiculous case since the neighbor was clearly not injured, and since he was hanging over your fence and causing a problem. The prosecutor certainly has more important cases to deal with than an "iffy" case about spitting. If the prosecutor has time for that, then good grief ... he's got too much time on his hands! Moreover, since this is an "iffy" case, the prosecutor would certainly be embarrassed to lose such a silly case. I doubt anything will come of this.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9854
Experience: JD, MBA
TJ, Esq. and 13 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

thank you1 please,please,have another quick question-3 people in a car,they get stopped and searched,the cops find a small amt. of marijuana in the back seat,the person in the back seat confesses to possesion -can the other 2 occupants still be charged?i think the other 2 would have an excellent chance of beating the possession charge and have told them to plead not guilty-what do you think?

Expert:  TJ, Esq. replied 2 years ago.
Yes, I would plead not guilty for sure. The driver and passenger in the front seat can claim total ignorance. I don't see how the prosecutor would prove possession beyond a reasonable doubt in that fact pattern, unless there is other evidence that refutes that the pot is only in the possession of the person in the back seat.

Hope that helps. Please leave positive feedback for me.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions