Hypothetical situations

[lordtariel]

I think it comes down to the concept of "reasonable force" Defending yourself is one thing, but to go beyond what is necessary to get away or to defend someone is where you're really going to get in trouble. I might be justified in breaking an arm if someone comes at me with a knife, but I can't drop him to the ground afterwords and start stomping his head.

If it is safe, staying and providing first aid to someone you've had to take down makes for a good impression. It's also important to try and get information from any witnesses who were around at the time.

It's not such a bad idea in the dojo to roleplay the aftermath of a fight. Either getting a police officer in to talk about the procedures they go through during and after the fight or at least finding out that information and roleplaying a post fight interview with police isn't such a bad lesson.

[jaymac]

Good post Lordtariel!

I was told by an officer that it basically comes down to you defending yourself to the point that the attacker is presenting you. If he is just trying to hit you with a fist, a simple move out of the way, take opponent down, may be the best response. However, if you go further and injure this individual, you will be charged. It is even sticky as to what would happen if you killed an alleged attacker who had a weapon. You would still be charged and have to prove yourself in court. This officer told me that martial arts students have become a growing problem in the city. He said they are more aggressive and more ready to be instigators than walk away. Martial Arts schools are popping up everywhere and it seems to him that the instructors teach less and less respect.

[Chris05]

wat would happen if an intruder broke into your house and you cause great bodily harm to him or possiblly killed him. Would you face jail time,etc

[bushido_man96]

wat would happen if an intruder broke into your house and you cause great bodily harm to him or possiblly killed him. Would you face jail time,etc

This scenario depends. Was the intruder trying to hurt you? Was he armed? If they are armed, then you will probably be ok. However, there are exceptions.

[NightOwl]

wat would happen if an intruder broke into your house and you cause great bodily harm to him or possibly killed him. Would you face jail time,etc

This scenario depends. Was the intruder trying to hurt you? Was he armed? If they are armed, then you will probably be ok. However, there are exceptions.

It seems to me that usually when intruders break in and are shot, they homeowner gets off...you probably wouldn't get into too much trouble if you threw a few punches his (or her? that'd be too awkward though...) way. That being said, I'm going to (as usual) go with the generally conclusion here and claim it as my own idea : If you are attacked, it is best to incapacitate your foe and run outta there. If you hit him hard enough to where he backs down and crouches into a ball, then don't start kicking him until he turns an even shade of purple (unless he tried to hurt your family, in which case the 'Get out of Jail Free Card' that comes standard in Monoploly board games sets comes into play). You are allowed to use force WITHIN REASON...it is not your job to dish out vigilante justice. On the other hand if you feel that you are facing serious harm, than it is best to keep your mind on surviving...the legal stuff isn't as important.

[bushido_man96]

It seems to me that usually when intruders break in and are shot, they homeowner gets off...you probably wouldn't get into too much trouble if you threw a few punches his (or her? that'd be too awkward though...) way. That being said, I'm going to (as usual) go with the generally conclusion here and claim it as my own idea : If you are attacked, it is best to incapacitate your foe and run outta there. If you hit him hard enough to where he backs down and crouches into a ball, then don't start kicking him until he turns an even shade of purple (unless he tried to hurt your family, in which case the 'Get out of Jail Free Card' that comes standard in Monoploly board games sets comes into play). You are allowed to use force WITHIN REASON...it is not your job to dish out vigilante justice. On the other hand if you feel that you are facing serious harm, than it is best to keep your mind on surviving...the legal stuff isn't as important.

You are kind of elluding to the exception that I was mentioning. Let's say someone breaks in to your house, and the only thing you have to grab is a bat. So, you club the assailant, and he goes down. Good enough; he has been stopped, and now you can call for help.

Now, what if, out of fear, anxiety, etc., you continue to club the assailant, after he is down, and is defensless himself? This is where problems can arise. It may not seem fair, but it could cause you problems. This is why threat levels, use of force, and control are so important when you are defending yourself and your loved ones.

[a_ninja]

Well it depends on the judge, but in a fair trial you wouldnt have to pay anything for his injuries.

[NinTai]

The most important thing you could say is:

"I was in fear for my life."

[cross]

And if in doubt, talk to a lawyer before you say anything to police.

[pegasi]

In the U.S., most states have a law that translates as "castle doctrine" which means that you can defend yourself within your home from an intruder, you do not have to retreat, and can use whatever level of force you have available. If you're in your home and someone breaks in, and you shoot and kill them, then you don't get charged because you were in your home and defending it and your family from an intruder.

There's a new law in Florida which does away with the old rule that you are required to retreat from a confrontation in a public place. The new rule is that if you are in a place where you have a right to be there, and you are attacked, you do not have to make retreat the first option. You can defend yourself with appropriate force and not face charges. An example would be that if you have a concealed weapons permit, and are carrying a gun, and someone approaches you and attempts a robbery, you can use that gun in your own defense. You don't have to make retreat the first thing you must do.

Some people don't like this law, but to me it's a good thing in that it helps to take away control of the public places from the criminal element. The bad guy now assumes more risk for what he does, since the victim can fight back without being required by law to retreat when in a public place. A person who defends themself from an attacker in public is a lot less likely to get battery or other charges against them for acting in self defense, because of the change in law. To me this is fair, since one should be able to defend oneself without being forced to run away (by the laws written). I'm not saying that a person would never get charged, if you went beyond self defense and turned from victim to aggressor, then crossing that line has its own consequences. Hopefully anyone in MA would be taught about the difference between being a defender and crossing the line to agressor.