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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27467
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I found a friend robbing my house after i allowed m to stay

Customer Question

i found a friend robbing my house after i allowed him to stay with use my fiance and I because he had no place to live and was going to drug court at the end of the week. he was goin out thew back when i came bak from taking my fiance to work, i confronted him inthe parking lot of my girls condo we the ended up in a physcial atercation towere he endedup pukking a gun he tookfrom my fiance so i stabbed him twice because the firsttime did nothung to him cuz he was on meth n pills . Now im being charged with agg battery w/gun and possion of a gun as a fellon and didnt do either
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
why is the state trying to prosocute me and the police found the gun on him and me persona; property ...
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
im also because ofthuis now witha revoke bondim trying to getb some moneybtogether because my paid attorny aint doing anything ned a new one
Expert:  Zoey_ JD replied 1 year ago.


What is the present status of your case? Were you arrested at the scene of the incident or later on?

Expert:  Zoey_ JD replied 1 year ago.


I don't have enough information to know why the police are prosecuting you and not the complainant. However, for whatever reason, the authorities believe him to be the victim, and you are going to have to fight the case, if you want to clear your name.

Sometimes, when there's an altercation between two people, the first one to the police becomes the complainant and the other once gets to be the defendant. Other times, the one with the more serious injuries becomes the complainant, and the winner of the argument becomes the defendant.

Other times, when the police actually come to the scene of an incident and they see the participants of the argument, they make a judgment call, and they simply find one person more credible than another. That person gets to be the complainant.

There are other ways as well that an incident such as this can come to the attention of the police, and can cause the police to arrest one person over the other. Without more information about how the police learned of this, answer that with any certainty.

What i can say is that in order to make an arrest, the police only need something called probable cause. Probable cause is just a reasonable belief that a crime may have been committed and that you may have committed it. The words of a complainant who was stabbed and who says that you stabbed him in a fight should be sufficient to give the police probable cause to arrest you.

To convict you, the state needs to prove its case against you beyond a reasonable doubt, which is a much more difficult thing for them to do. If he pulled a gun on you and you stabbed him because you had reason to believe he was going to use that gun on you, that would be self defense.

Self-defense is an affirmative defense. That is, it won't prevent you from being charged with the aggravated assault. However, after the state rests its case at trial, the defense would put on a self-defense case. If the jury believes that the complainant had the gun and that you acted in self-defense, you'd be acquitted of the charges.