Can I plead self defense to misdemeanor menacing? 3 Answers as of May 25, 2011

I had charges pressed against me because I was trying to fight a guy. The guy left came back out and I grabbed my gun but didn't aim it at him I just had it for my protection because I didn't know what he came out of the house with can I use that as self defense. I was charged with misdemeanor menacing.

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Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You can use a plea of self defense in a prosecution for menacing. To do so you must admit that you committed the offense charged but that you had justification for doing so. A plea of self defense can be a complicated defense.
Answer Applies to: Alabama
Replied: 5/25/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
It sounds like a potential defense with the limited facts you provide. Stay well.
Answer Applies to: Alabama
Replied: 5/25/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
You can argue anything, the issue is will the judge or jury find you guilty of menacing or not. If it a jury case, your attorney will have to get a jury charge on self defense. Further, you could be charged with menacing before the gun issue started.
Answer Applies to: Alabama
Replied: 5/25/2011
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