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Can a thief who broke into my home press assault charges against me?

Two days ago, a man broke into my home, a thief more than a man. Anyways, I woke up to this thief breaking into my home, and I went to investigate. I caught the man off guard and hit him over the back of the head with a lamp. When he fell, and I was angry, I kicked him several times and cursed at him before calling the cops and having him picked up and detained. I'm rather good friends with some of the officers and one came forward to say the thief was pressing assault charges. Now how can this dirt-bag press charges against me when he is the one breaking and entering and trying to commit theft?


Click here to get answers from a local criminal defense attorney
    William L. Welch, III | William L. Welch, III Attorney
    111 South Calvert Street
    Baltimore, MD 21045
    (410) 385-5630
    Anyone might be charged with a crime, regardless of whether he or she has in fact broken the law. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
    Answer Applies to: Maryland - Replied: 5/21/2013
    Francis John Cowhig | Universal Law Group, Inc.
    430 S. Garfield Avenue
    Alhambra, CA 91801
    (626) 308-9936
    He can press assault charges against you, but it will be up to the police as to whether they decide to accept the police report and follow through with it.
    Answer Applies to: California - Replied: 5/20/2013
    Loren Lambert | Loren Lambert
    266 East 7200 South
    Midvale, UT 84047
    (801) 568-0041
    I wouldn't worry about it unless you are charged.
    Answer Applies to: Utah - Replied: 5/20/2013
    Timothy J. Thill | Timothy J. Thill P.C.
    261 E. Quincy ST
    Riverside, IL 60546
    (708) 443-1200
    Because you inflicted more damage on this thief than was reasonably necessary, you certainly are culpable for an aggravated battery on the fellow. The lamp was sufficient, but you decided, in your "infinite wisdom", to kick the s*** out of him because you were "angry". What did you expect, a gold star for kicking him while he was down?
    Answer Applies to: Illinois - Replied: 5/20/2013
    Steve Freeborn | Freeborn Law Offices, P.S.
    33400 9th Avenue S. Suite 208
    Federal Way, WA 98003
    (253) 838-4477
    You are fine. You have every right to protect your homer and property from people who break in. He is lucky that you did not shoot him. Just because he is pressing charges for assault, a prosecutor still has to review the complaint and, the prosecutor is the one who actually files the charges. Based upon what you have said, I don't see any prosecutor filing any charges against you.
    Answer Applies to: Washington - Replied: 5/20/2013
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