And their collarbone wasn't even broken like you would think of when you picture a broken collarbone, it was an undisplaced clavical fracture which means (no dislocation, no bone sticking out), just a small crack! I think this is ludicrous!
2006-07-07 09:11:10 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I used the lower part of my hand near my wrist and shoved her. She was also really fat does that count for anything? She was attempting to remove me from my residence hall when I was with my friend who lives there! But its a long story
2006-07-07 09:18:31 · update #1
This may not apply to you but since you provide little info, here goes:
If someone strikes you, that's battery. You are within your rights to defend yourself.
If, in the course of being hit by someone, you strike them back and break their collarbone, that's self defense and the person who struck you has committed battery.
If someone strikes you but then stops and you attack them back, after they've stopped attacking you, then you've both committed a battery against each other.
Also, if someone was pushing/hitting you but had a lawful reason to do so, then you striking them would be felonious assault.
Of course, the most reasonable answer is that the police simply didn't believe your story over the other party.
2006-07-07 09:26:01 · answer #1 · answered by Anonymous · 3⤊ 1⤋
If she had lawful authority to ask you to leave and you refused to do so, she can use as much force as necessary to remove you from the premises.
If you resist or hinder her from removing you from this premises than you have committed assault. But you went further than that and assaulted her during this process causing physical injury so it became Assault Second Degree (D Felony) Felony Assault; Physical Injury.
You should have just left.
Be further advised that she can sue you for her medical bills and earnings lost, and she will win.
Sorry about your luck, chalk it up to experience and a lesson learned.
2006-07-07 17:35:18 · answer #2 · answered by anthrotistic 4 · 0⤊ 0⤋
Depends. Here in the UK you can use proportionate force if attacked, in order to defend yourself. How hard, how seriously was this person punching/pushing you? Just how exactly did you break their collarbone? With a push or a fist or by hitting them repeatedly?
2006-07-07 16:15:28 · answer #3 · answered by darth_timon 3 · 0⤊ 0⤋
Your life was not in danger. If you felt that she was wrong you should have called the cops.
If at the point you 'cracked her bone' she had a gun and felt that she had a right to shoot you, and then you pull out a bazooka and annihilate her and then she comes at you with an atomic bomb I mean where would it stop?
2006-07-07 19:07:50 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Unfortunately, your gulity because she a woman. She would have to stab you before a court would get on your side for defending yourself.
2006-07-07 16:42:58 · answer #5 · answered by wrf3k 5 · 0⤊ 0⤋
I don't think it is fair. The blame should be put on the person who started the fight.
2006-07-07 16:14:45 · answer #6 · answered by hotmama3712 4 · 0⤊ 0⤋
Self-defense is hard to prove.
2006-07-07 16:13:58 · answer #7 · answered by Pitchow! 7 · 0⤊ 0⤋