Stopped thief, now in trouble.

[scarecrow]

Whilst staying away for work at a hotel up north I had a bit of an incident.
At around 10pm I went out to the car park to retrieve my phone charger from my cars glovebox.
As I approached my car I saw someone trying to prie the door open using a bar of some kind.
I shouted something like oi what you doing at which point he turned towards me a told me F off or he would batter me. Well to cut the story short I am a unarmed combat instructor and dealt with him resulting in him being knocked unconscious and receiving a broken arm.
Anyway I got arrested and now am facing criminal proceedings for grievous bodily harm and risk losing my job.
I have never been in trouble before and must admit I am quite petrified by the prospect of prosecution.

Any advice would be gratefully received.

[anonymous-user]

The best advice would be to obtain legal advice ASAP.

Did you obtain any at the police station for your interview?

What do you mean "now facing?" Are you on bail (to return to the police station) or have you been charged and bailed to the Magistrates' court?

Have a good read of this page: http://www.cps.gov.uk/legal/s_to_u/self_defence/

[Jasandjules]

I assume he still held the metal bar in his hand when he turned to you and said he'd batter you?

I would hope the police will see it as plain self defence (you may strike first if you fear attack) and let you know that soon.

[vonhosen]

Any CCTV in the car park?

[zzzzzzzzzzzzzzz]

I believe self defence defences are pretty well established. It will come down to whether you held an honest belief you were about to be attacked (subjective) and whether your response was proportionate to that perceived threat (objective).

It will come down to the fine details of precisely what happened, which I would recommend you keep off internet forums and furnish a solicitor instead.

[pad58]

Self defence as far as I'd would have thought, unless there is more to the story.

Best of luck and good for you for sorting scum like that, maybe he'll think better next time he steals someone elses property.

[Johnnytheboy]

Worst "I'm hard" post ever.

[scarecrow]

I have taken legal advice and I have been bailed. No CCTV or witnesses.
The assailent is not denying that he was breaking into my car but that I attacked him as he tried to escape. Also he says he did not have a weapon.

Although I am only 5'6" and he is 6'4" and twice my weight, the fact that I teach unarmed combat to the security forces makes my case difficult.

[GoneAnon]

If it goes to court, opt for a jury trial and take your chances with honest and decent people deciding your fate.

I think more and more are saying criminals have/should forfeit their rights when they step outside the boundaries of lawful behaviour.

[Mk3Spitfire]

I think it will come down to whether or not you had to go as far as breaking his arm. You have every right to defend your property and use force to do so....it's just the question of the extent of the force used. They will query could you have used less force than breaking his arm to prevent the damage/loss of your property I.e was it proportionate.
Easy for us all to sit here and say that I know, and I wish you all the best with the case. Good luck.

Edited by Mk3Spitfire on Thursday 19th June 22:13

[scarecrow]

To be honest I am still in total shock.

When I was serving in the forces doing my duty things were simple. There's the bad guy sort him out!

I have just defended myself and my property using the skills I have learnt and now find I could be branded a criminal!

Not good.

[northandy]

So he says no weapon, but I'm assuming after the struggle it was still there when the police arrived ?.

Get proper legal advice.

[JustinP1]

scarecrow said:

I have taken legal advice and I have been bailed. No CCTV or witnesses.
The assailent is not denying that he was breaking into my car but that I attacked him as he tried to escape. Also he says he did not have a weapon.

Although I am only 5'6" and he is 6'4" and twice my weight, the fact that I teach unarmed combat to the security forces makes my case difficult.

So the court will believe he goes prepared to break into cars with sharpened fingernails?

Don't worry, my gut says you'll be fine.

[zzzzzzzzzzzzzzz]

Out of interest, how do the Police know about your fighting skills?

[danzltiu]

As previously said elect for jury trial if it ever goes that far which i doubt. No jury is ever going to convict someone in these circumstances. Best of luck though and just wish this nanny state would get their priorities right. He steps outside the law then deserves everything he gets.

[TooMany2cvs]

scarecrow said:

The assailent is not denying that he was breaking into my car but that I attacked him as he tried to escape. Also he says he did not have a weapon.

But there are crowbar marks on the car door and there was a crowbar lying on the ground next to him when the police arrived, right?

[bad company]

scarecrow said:

Although I am only 5'6" and he is 6'4" and twice my weight, the fact that I teach unarmed combat to the security forces makes my case difficult.

Do the police know that you teach unarmed combat? If not I don't see why you should tell them.

[anonymous-user]

scarecrow said:

I have taken legal advice and I have been bailed. No CCTV or witnesses.
The assailent is not denying that he was breaking into my car but that I attacked him as he tried to escape. Also he says he did not have a weapon.

The solicitor will be best place to indicate whether or not you have a case to answer. Every little detail counts to make that assessment, which none of us will have here. You would be wise to not go into too much detail on here.

I assumed you've been bailed back for medical evidence to be obtained.

scarecrow said:

the fact that I teach unarmed combat to the security forces makes my case difficult.

It doesn't really mean that much.

[anonymous-user]

danzltiu said:

No jury is ever going to convict someone in these circumstances.

Don't give advice like that. You have no idea of the circumstances and what the best course of action is.

[scarecrow]

zzzzzzzzzzzzzzz said:

Out of interest, how do the Police know about your fighting skills?

Unfortunately various police departments are my clients.