This morning in Kent County Courthouse, criminal defense attorney Joseph Lamy secured the dismissal of assault charges based on the defense that the accused was legally entitled to come to the aid of another person in danger.
The canon of law surrounding “self-defense” to assault or violent crime charges is large. It is abundantly clear that a person is entitled to use reasonable self-defense if he or she believes that they are under imminent physical harm. There is case law that supports an extension of this self-defense rule to a third party intervenor.
In the case at hand, my client witnessed one person strike another smaller person during a dispute. My client was behind the attacker and when the attacker motioned to strike the other person for a second time, my client brought him down to the ground. The police felt that excessive force may have been used and because the “victim” wanted to press charges, my client was arrested for simple assault. We argued from the onset that my client was intervening for the protection of someone in danger of imminent harm. Today we were successful and had the assault charges dismissed.