Say someone is screaming or yelling at you with profanity and abusive language. No actually physical threats just verbal abuses and in your face type of challenge.
If you punch him in the face, are you in trouble for that ? Or that is ok because that person provoked you ?
2006-09-10 17:59:21 · 20 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
That depends on what you beat them at.
2006-09-13 16:57:42 · answer #1 · answered by Nominal 2 · 0⤊ 0⤋
no one has the right to beat anyone according to the law. If someone is provoking you then be smart enough to get away from the situation before you end up in trouble. Mouthing someone and hitting someone according to the law is two different things however if it is a problem and you are being harassed then file for a ex-pa rte. This way if something did happen at least the court is aware that it was provoked and that you tried to keep this person away from you. Hope this helps.
2006-09-10 18:25:28 · answer #2 · answered by Kristy C 1 · 0⤊ 0⤋
You can be arrested for assalt/battery of either a felony or misdemeanor. Whether or not provocation is a good defense is immaterial if you are arrested and spend a nigh or months in jail waiting for a trial. Tell the arresting officer there was provocation and he'll say tell it to the judge. Mere foul language is most likel not enough provocation to strike someone. And, if its defensive on your part, you either must react to a physical move by the person you hit, or have cause to believe you are in danger of being hit. That's not easy to do and may not matter to the arresting officer, so a night in jail awaits you.
2006-09-10 19:36:46 · answer #3 · answered by jerry f 2 · 0⤊ 0⤋
if you had a reasonable apprehension of bodily harm, you may be able to plead self defence. Even coming at you in an aggressive manner can be threatening. You don't have to wait until someone throws a punch at you.
The real key is proportionality.
Provocation is a bit different. That may be a mitigating factor that would lead to a lighter sentence, but would not get you off the hook. This is common law and law here in Canada. Check the laws in your state.
2006-09-10 19:26:55 · answer #4 · answered by Peter 3 · 0⤊ 0⤋
Yes.......If someone is doing what you say, and say like spitting in your face, as they scream, and maybe blocking you from stepping forward a little, or undermining a path of retreat! You may put your hands up to protect yourself, of course. if they are right back on you , how could you not put them aside? I wouldn't want to mess up the face as much as a two handed upper chest push w/ a quick strike to the solar plexus. That is, unless he's a monster then I would go for one quick shot and run!..Legally you should not strike them down for just getting in your face. We all have different fear and self defense factors. If you are arrested, the Judge is more likely to believe your version of self defense vs. battery if the bully's face isn't all messed up! Your call. Witnesses etc.
2006-09-10 18:32:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Being provoked, legally, is not a defense for popping someone. If they strike first, you can wail on him in self-defense. The best way to attack this person is to turn and walk away - that really ticks them off to not have an audience. Don't hit first - and don't hit at all if you can walk away.
2006-09-10 18:06:39 · answer #6 · answered by SUZI S 4 · 0⤊ 0⤋
That is assault and/or battery, depending on how the state defines the crime.
Verbal abuse is not sufficient justification or provocation for physical attacks. Self-defense only applies when used to prevent a physical attack by someone else.
2006-09-10 18:05:36 · answer #7 · answered by coragryph 7 · 1⤊ 0⤋
It's never okay to hit anyone. And usually the person who throws the first punch gets in the most trouble.
2006-09-10 18:05:41 · answer #8 · answered by Anonymous · 1⤊ 0⤋
No,If that was me.I would gust walk away and tell them to have a nice day.then If they hit you.You do the wright thing and call the cops because you never hit or yell at them.Wright?
2006-09-10 18:06:50 · answer #9 · answered by Anonymous · 0⤊ 0⤋
you will be in trouble,,
Assult is the verbal element
Battery is what you just did,, hit him
the law doesnt look at who provoked who,, you still broke the law when you hit him. both of you can be taken to jail depending on the law of where you live.
check with your local laws,, and see for yourself.. this can vary a lot...
2006-09-10 18:10:39 · answer #10 · answered by Jazz Q 2 · 0⤊ 0⤋
It is called felony assault and battery; even incendiary speech is not considered acceptable justification for it. You cannot initiate violence and avoid the legal ramifications. You would be arrested.
2006-09-10 18:02:59 · answer #11 · answered by Kami 6 · 2⤊ 0⤋