2007-02-23 12:50:47 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It depends on the laws in your area and the judge's determination of how the assault was brought about. Even though it is illegal to commit assault or battery, the judge may determine that your actions brought about a situation that may not have occurred in an otherwise normal situation or environment. The key being 'an otherwise NORMAL situation'. It would be up to the plaintiff (you) to prove that this person would have displayed this type of behavior more frequently than not, and that your verbal insult would not have made a difference. Or, that he brought about your response due to what he initially did. Talk to a legal advisor familiar with the laws and customs of your area, or the area that the assault was committed. It may not be as easy as you may think.
2007-02-23 13:04:53 · answer #1 · answered by jimmyd 4 · 0⤊ 0⤋
In Canada and I'm almost certain throughout the US this applies.If he assaulted you and you have evidence of the assault, as pictures taken by the hospital or police, and/or witnesses that seen the assault, yes, the prosecutor will wish to proceed. You are allowed to defend and protect yourself with equal force, but not greater force, if he is saying that he was also injured. Assault is a not charge you can press, it is a criminal offense. It is up to you to contact the police and doctor to provide a statement and necessary details involving the incident. From there, the prosecutor will be given the information and review it to decide if there is a case. Remember you are not pressing these charges, the law is. This is a crime, that has to be reported and justified. Also you do not need to seek out a lawyer for council, if it does go to court, the prosecution represents you automatically and more than likely a victims service worker will be appointed to you, at the cost of the courts.
2007-02-23 21:22:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It sounds like you insulted him first. Therefore if that is the case probably not. If he insulted you first then you could posibly but honestly depending on what he said you would probably end up wasting more money then you would get if you inchance did win.
2007-02-23 20:58:16 · answer #3 · answered by Silly me 2 · 0⤊ 0⤋
First off where do you live? If you live in New York it probably be not that blown up. If you started the insults then you willl be endangerment because you verbally abused him and he was talking back in defense unless you can prove physical and witness evidence.
2007-02-23 20:55:15 · answer #4 · answered by Lola H 2 · 0⤊ 0⤋
If someone physically attacks you of course you can. Can you win? Do you have witnesses or proof and how much damage did they do. If you yelled in their face and he pushed you out of the way, forget it. If he sluged you and knocked out some teeth and put you in the hospital yes. No injury, no claim.
2007-02-23 20:56:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes, an insult is different from an assault. and it depends on how badly hurt.
2007-02-23 20:58:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That depends on if you survive the assault to tell about it.
2007-02-23 20:58:16 · answer #7 · answered by Kenny Ray 3 · 0⤊ 0⤋
Possibly, but it would really depend on what you said, witnesses, and the severity of the beating you took.
2007-02-23 21:05:57 · answer #8 · answered by Michael E 5 · 0⤊ 0⤋
The simplest answer is YES!, unless witnesses say you lunged at the other person thereby provokeing the attack.
2007-02-24 00:03:09 · answer #9 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
Stop insulting people u can get killed that way. It would probably be aggrevated assult, I'd let it go.
2007-02-23 20:57:33 · answer #10 · answered by me 2 · 0⤊ 0⤋