Self Defense and the Law

» aggie80 - Okay, but,

Not bad in general, but let's throw a few things into the mix:

In general, in the United States, physical violence is only legally justifiable if used for self defense or the defense of a loved one. If an individual is able to claim self-defense as a defense, anyone else may represent that person to protect them. 'Love' has nothing to do with it, the individual can be a complete stranger. In otherwords, the law is not there to let someone get the crap beat out of them just because you don't think they are of close enough a relationship to help them. The definition at http://www.lectlaw.com/def/d030.htm illustrates well.

Legally an assault does not involve any contact. Assualt is threat or use of force on another that reasonably makes that person fear bodily harm. Battery does involve contact. You can commit assault and battery, or you can commit them independently of each other.

I'd be interested in learning what cities have a criminal code that varies the definition of self-defense from the state's definition.

Bottom line is, if you hit someone, you've committed a battery. No if's, and's, or but's, it is a battery. And you can be charged with it. The defense is 'self-defense.' If it is clear to the authorities that it was self-defense, they won't waste their time arresting or charging and trying you for it. That is a decision made by the prosecuting office for the jurisdiction, once they have reviewed the facts with the investigating officers.

But as one of my acquantences says in his signature, 'Better to be tried by 12 then carried by 6."

-- posted by aggie80

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