for no reason, and im at a convienant store, and i cant defend myself, im not strong, and i went and got a pot of boiling hot coffee and poured it in his face scaring him for life..
how much trouble can i get in for simply defending myself?
2007-05-24 10:20:08 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This would not be considered self defense. If you "went" and got a pot of boiling water. If you were scuffling and the water was at hand you might be able to use self defense but it would be highly unlikely. However, the most important element to self defense of this nature would be the fear of death or SEVERE bodily injury. A single punch would not be considered by most judges to be SEVERE bodily injury. Thus, you would be charged as well and with an even more serious offense which would vary depending on where you reside.
2007-05-24 10:29:55 · answer #1 · answered by Melli 6 · 1⤊ 0⤋
you can use a reasonable amount of force to defend yourself when you are attacked; most states also require that you make an attempt to retreat before you use force. There are two problems with the scenario you've suggested:
1) if he has abandoned his attack on you -- if he punched you once and then stopped -- you can't use force against him and claim it was defensive. Defensive force has to be used in response to an imminent threat; if he abandoned his attack on you, there is no imminent threat as far as the law is concerned.
2) reasonable force is proportionate to the threat. If all he did was punch you, even if he was trying to punch you again, some courts might see your use of boiling coffee as disproportionate.
As a legal doctrine, self-defense is usually misunderstood by the public. Responding to violence with violence is not self-defense; protecting yourself from future violence is self-defense.
2007-05-24 17:32:43 · answer #2 · answered by Josh 3 · 0⤊ 0⤋
you would be in more trouble then the guy that punched you in the face. key words " i went and got a pot of boiling hot coffee and poured it in his face scaring him for life". the first four words is what would get you, that's not self defense.
more key words " scaring him for life" that would break your bank cause he would counter file assault charges and get you for everything you got. not to mention he's got the proof on his face, for life or until you pay for all those operations he's gonna need to try to fix that face, that YOU scared.
2007-05-24 17:44:26 · answer #3 · answered by str8tupgirl 4 · 0⤊ 0⤋
It depends on a lot of factors, including the state in which you reside. In the example you give, you've probably gone too far, but it's hard to say.
You have a right to defend yourself. Generally, you can't use more than the amount of force necessary to do so. For example, if someone punches you, you can't shoot them. In some instances, you may have an obligation to retreat if you can do so.
2007-05-24 17:25:21 · answer #4 · answered by John W 3 · 1⤊ 1⤋
he will be charged with assault, and you will be charged with assault with intent to cause Grievous bodily harm, a much more serious charge. the case could be made that you were not defending yourself, but instead you were punched in the face and went and got the coffee and threw it in his face, so you had time to think about it, so now they have you with premeditation, you could have walked away and called the police, but you choose the coffee, you have committed the more serious offense!
2007-05-24 17:29:55 · answer #5 · answered by Sir Hard & Thick 3 · 1⤊ 1⤋
Self-defense is evil. Haven't you heard?
2007-05-24 17:32:17 · answer #6 · answered by sarcasm_generator 2 · 0⤊ 0⤋
Honest? A lot depends on the color or his and your skins. That's the skinny and sweet of it.
2007-05-24 17:29:14 · answer #7 · answered by thezaylady 7 · 1⤊ 1⤋