Okay, here’s the hypo. Let’s say that I am a known drug addict with a severe drug problem. My friend who outweighs me by 100 pounds come to my house to talk to me about my problems.
I tell him that he can go pound sand because I like using drugs and, in fact, I’m going to go purchase drugs as soon as he leaves. He sees my wallet sitting on the dining room table. In a sincere effort to protect me, he takes my wallet and starts to leave with it. I grab, punch, and kick him in an effort to get my wallet back. Police are dispatched and I am arrested and charged with battery.
Generally, a person is allowed to use reasonable force to stop immediate theft of property and/or prevent a crime in progress. Although well intentioned, and in an effort to prevent me from committing a crime, the friend is nonetheless depriving me of my property (wallet). Will a defense to battery work in this case on the grounds that I was acting to prevent a theft/affectuate an arrest for theft? Common sense says it should not. Any case law?