Asked 1/17/2916 – Houston, TX

The defendant was simply trying to defend herself a male family member, who had a broken broom as a weapon and then proceeded to kick the victim in the female victim, which is the defendant in the face and stomach. The defendant had a knife to ward off the male family member. In which this defense was unsuccessful. The stabbing on the male family member was accidentally stabbed, after charging at both female victims. To add the male family member just got out of jail for causing bodily injury on another family member, who has a restraining order against him. In a nutshell, the female defendant is being charged with aggregated assult. In my opinion she is guilty of defending herself. Plus the police officers did not read her, her miranda rights.

Answers

She will have to go through the trial system. As you described the situation, there WAS an assault committed by the female, but the question is whether there was a self-defense justification. The female used a deadly weapon and the broom used by the male may or may not be considered a deadly weapon. A jury will probable have to decide the issue. If she was not given her Miranda Warnings, any statement she made while in custody would be inadmissible as evidence, but the failure to provide these warnings does not invalidate the entire case.