May 30, 2014, 11:00
Katherine McAnallyAssault Jury Charge
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?