Here is the scenario:

Defendant (a convicted felon), while stopped at a convenience store, sees victim driving down the block toward him. Defendant claims victim shot at him in the recent past. Defendant proceeds to shoot at victim, hitting victim's car. Victim admits to officer he had seen the defendant and turned around to come to the store, looking for a fistfight. No claim from defendant (yet) that he saw a firearm on victim that night. Victim has since been charged with shooting at someone else (after this incident) and is currently indicted and awaiting trial.

Defendant has been charged with aggravated assault w/ deadly weapon, felon in possession of a firearm, and carrying a firearm on licensed premises.

Question: Can the prosecutor prevent self defense and/or necessity from being raised and submitted to a jury on each charge?

(Note: this occurred summer 2007, before recent changes in self defense.)

Please post replies here or email them to me and I will forward them to the original requestor. Thanks!