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need help with an assault jury charge in the following scenario: D goes to V home to start altercation (provocation by D) D asserts he was defending his kids is why he went there - (defense of third party by D)( in question but?) D assaults V wife when he arrives (defense of third party by V) trying to stop assault on wife - V approaches D they get into altercation D punches and kicks V leaving broken ribs and serious bruising all over D is stabbed by V (self defense by V) D dos not abandon encounter or retreat ( duty to abandon and duty to retreat when not at home) Victim is at home (castle doctrine) the self defense paragraph references you may use force against unlawful force - is there a definition of unlawful force? do we charge all the ways that the force used by V was lawful? most of the pattern charges regarding provocation and retreat seem to refer to provocation by victim and victim duty to retreat - can we just rewrite and flip those? or even better does someone have a jury charge with any of this language? Katherine McAnally | ||
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