Laws vary from state to state and city to city or town to town. You really would have to check with your local and federal laws to answer that one in your area.
where I live you must feel 'threatened for your life" in order to use Lethal force such as shooting them dead.
Fighting them fist to fist, requires them only to swing first where i live and if they are on your property and you have told them to leave or they just attacked you chances are you will automatically be called the victim and labeled as self defence. That is how it is where i live now. When i lived near Boston it was a whole differant set of rules. If someone broke into my home I could not defend myself unless I had no way out of my home. I am to run and exit and call the police. Any attempt to shoot them or stop them will end up in your arrest as well unless you can prove you were cornered and had no options left.
Strange is it not how it can vary from place to place. So be careful where ever you go. Know the laws in that area before you start defending yourself too often.
That is my suggestion. IF the law is like it is where i am, then you can defend yourself and beat him up, but remember you cannot use any more force than necessary to subdue or stop the attacker. You cannot kill or purposely cripple that attacker especially if you are a trained martial artists and even more so if you are a proffesional black belt. NOW you have to be very careful HOW you go about defending yourself as to not use unnecessary defence that would cause more harm to the attacker than would be considered tolerable by your area.
Hope that helps.
2006-12-26 18:07:43
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answer #1
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answered by Legend Gates Shotokan Karate 7
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I think you just described exactly why the Police were called. What you just described is a crime. The Police were called because someone was assaulted and from what you wrote, it sounds like a severe injury was the result- that is breaking the law. As far as the result of his being arrested, that all depends on where you live. Can he end up in juvenile hall? Yes. How long will he be in juvie if convicted? That is up to your local laws and the descretion of a juvenile probation judge.
2016-03-29 07:34:01
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answer #2
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answered by Anonymous
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Basically there are laws that vary from state to state or province to province. But generaly they say that if you are attacked or some one enters your property without provocation or invitation you may use as much force as nessisary to stop the person. In other words if they have a gun and you shoot and kill them that's ok as long as your gun is legal. But if all they do is punch you and you shoot them well you better be able to prove that your life was at risk. And a black eye or just saying I was scared is not enough.
If someone asks you to fight in your yard or not and you agree to fight him well you are both concenting so you would both be charged but if the police determine you used excessive force then you would be charged with a greater offence.
If someone just attacks you with out warning then you can do what you have to to stop them once they are down or retreat. If you continue to beat them you can be charged with excessive force.
And no... Beeing trained does not make you more likely to get charged, as long as you don't over do it. Meaning if you were able to know him out with a punch or kick or get him down and restrain him you can't keep hitting him or put enough force to break his arm... Just make sure if there are witnesses that they are yor fiends not his
2006-12-27 16:03:13
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answer #3
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answered by Judoka 5
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My Dad told me a story a while ago about a time when he and his friend were on their way home from a Bulls game. They were getting into the car and a gang of six thugs with chains and pipes surrounded them. As it turns out, Dad's friend was a Green Beret and a second degree black belt. Needless to say, all the thugs ended up in the hospital with some pretty serious injuries. Dad's friend narrowly escaped jail time and paid a huge fine because his hands weren't registered as lethal weapons. This was at the end of the Viet Nam war. I say, do what you have to do depending on the level of threat, but use some sense.
2006-12-27 13:52:55
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answer #4
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answered by Scott 1
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Bushido, Philip and fenris had some pretty good answers, but yeah you really should research what kind of property laws there are about someone coming onto your property and threatening you.
You do have the right to defend yourself on your property, and could say that they were tresspassing, but again, you have to make sure that if anything does go down that someone else can verify your actions beforehand (a neighbor, someone walking by, etc), and make sure that you have signs posted that state no tresspassing for it to be legal.
You have to be careful in such legal situations, because local and state laws can vary so you want to research your local laws about defending your property and tresspassing laws.
2006-12-27 01:32:30
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answer #5
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answered by quiksilver8676 5
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Depends. You could say that he was attacking your house and in most states you can legally defend your house. However if he tries to leave or you prevent him from escaping, it can be argued that he rescinded his consent to fight and then you were beating him after. Either way, without any real injuries most likely nothing will happen.
Look up Castle Laws or Last Stand Laws. They may apply, also, remember that once you opponent stops attacking (i.e. you punch him he falls to the ground) you can't attack him any more.
Personally I think all that is BS. I think you should be legally allowed to render the attacker unable to continue the fight. Not just allow him to get up and fight more. Why should the victim be second guessed after this ordeal? Respect people and their property or else.
2006-12-26 15:06:33
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answer #6
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answered by Anonymous
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Instead of beating him up and possible legal trouble try doing th smart thing by avoiding any trouble that may arise like jail or a lawsuit by just calling the police on that person for tresspassing. The answer is so simple but for some people so hard.
2006-12-27 03:00:38
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answer #7
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answered by SuperSoldierGIJOE 3
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Self defense is allowed, but you can only use the MINIMUM amount of force to cease the threat. a group of guys threatening you means you can go more animal than if it was only one guy. if they have weapons, you need to raise that minimum force to enable you to be safe. if they are little dwarves, then the minimum force wont be much, say a slap. but 3 gangstas with balaclava's on would allow you to break bones. self defense has limitations, and once the threat has been stopped you too have to stop. if you knock a guy down and continue to break his face you too will be charged. so these guys turn up, (already raising the threat level), and threaten you, if you believe that they have the ability to carry out those threats then you can pre-empt it attack first. the law doesnt wait for you to be injured to fight back, and you dont have to be on your property to defend yourself. if a slap wont work, and you know it, punch them. if you know that wont work, choke them.
the list goes on, learn some law regarding assault, and some crimes acts.
2006-12-27 13:43:57
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answer #8
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answered by SAINT G 5
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Depends where you live.but in my opinion my home is my castle and while i would try my hardest to avoid a situation elsewhere,if someone comes to my home and harrasses or hassles me or my family the only way they'll leave is in an ambulance.and i dont care whether they are right or wrong.and i dont care who they are and with no hesitation whatsoever.but thats just me and i'll deal with what ever happens with the police(if anything)when it arises.
PS.generally self defence is not a reason to beat anyone up(by the law)but in most cases in your home you can use reasonable force.define reasonable force?amate of mine was a cop he told me if some one is unlawfully in your home beat the **** out of them and throw them down the stairs or something simular or of the property.if you throw him down the stairs that is your story how he got his injuries it then becomes a case of he has to prove what happened instead of the other way around.make sense?bit hard to say here.
2006-12-26 13:12:38
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answer #9
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answered by BUSHIDO 7
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It depends on where you live and how sever the beating is.
Most likely the answer is "no" if you are truly on your property.
In some states you must give the person a warning and you must also try to get away before resorting to physical violence.
2006-12-27 04:17:14
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answer #10
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answered by spidertiger440 6
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