Say the martial artist injured an untrained person in a fight. Does the law differentiate between one who is trained and one who is not? Compare that to a fight between two untrained people.
2007-10-09 13:58:15 · 7 answers · asked by 9/12er 3 in Politics & Government ➔ Law Enforcement & Police
This is interesting. Can the law consider a black belt a weapon?
2007-10-09 14:13:18 · update #1
A person with a black belt must give a warning to anyone that he may be involved with in a fight; Except if he is attacked and his life is threatened. Once he has the guy subdued he should then tell the other person that he holds a black belt. If the other guy is stupid enough to keep coming, it is tough luck.
Personally, I think that it would be better if the black belt just kicked the CRAP out of the guy and tell him afterwards that he picked on the wrong guy.
Edit: Note to Dog Lover.
Dude, you were not being rude, I searched and could find no law. back when I was doing karate (42 years ago) that is what we were told, now you are telling me I wasted my brain cells remembering something that wasn't true, bummer.
2007-10-09 14:05:03 · answer #1 · answered by justgetitright 7 · 1⤊ 2⤋
Sorry, Justgetitright, but I have to disagree with you. Having to warn someone that you hold a black belt is an urban myth. It just ain't so. I remember hearing that many years ago ... "I have to warn you, my hands are lethal weapons". When a high-ranking belt holder attains that level, he/she is more or less expected not to fight unless there is no choice. They have learned patience, understanding, and much self-confidence so that they don't need to fight ... they know what they can do and that is usually enough. They will likely warn the other person, but it is another way of using their training to avoid a fight. That's where the myth came from ... in their training they were taught to tell the untrained person about their belt level as common sense. If, however, they have no choice but to fight, they are trained to use only as much force as necessary to subdue their opponent and bring the fignt to an end. In the unlikely event that the belt holder decides to beat the cr*p out of the other person and injures him (even if that person is the agressor), then they would probably be charged with assault. The fact that the belt holder used his/her training to go overboard and commit assault will be taken into consideration by the judge/jury in a subsequent assault trial. The fact that the person is a trained belt holder doesn't automatically lead to higher penalties, but is considered one part of the prosecution's evidence. When two people agree to fight, unless one of them goes way too far and injures the other person, there are usually no charges laid. Civil suit, quite probably. That's when the martial arts training will be considered more strongly. Clear as mud??
2007-10-09 14:32:48 · answer #2 · answered by Penguin_Bob 7 · 0⤊ 0⤋
Maybe it is in some states or countries... but none that I know about.
If you engage in a fight and strike someone with none serious injury... its Battery... A misdemeanor.
If you engage in a fight and strike someone and use a weapon or cause serious injury... its Aggravated Battery.. A felony.
So, if someone has special training or not, if they cause serious injury its going to be a felony.. doesn't matter if you are a Black Belt or a 90 year old grandmother with a broom you whack someone with.
And not to be rude, but to the person above that thinks that a Black Belt has to tell someone up front... Ahhh, no. You show me a state statute, law or city ordinance anywhere in the county that states that and I will vote for you as best answer!
The whole Hollywood "register as a deadly weapon" foolishness is just drama! In America no such laws exist. The law is based on the elements of the crime and if those elements are met, it can be a 'judo chop' or a 'whack with a bat'... if its serious injury from the chop, its a felony, if not, its a simple misdemeanor battery... the bat is always a felony... See what I mean?
2007-10-09 14:09:32 · answer #3 · answered by Dog Lover 7 · 2⤊ 0⤋
From Current Police officer to yourself. Easy straight to the point answer is that the martial arts expert would be charged with a heavy assult charge. When you put your hands on someone without there permission you can be charged with assult. It DOES NOT matter if they know martial arts. eg. If i hit a martial arts expert and knocked him to the ground then I would get charged with assult. Just because someone knows martial arts dosent mean they get a heavier book come down on them. Law is Law. Good luck and Good Question
2007-10-09 15:11:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
There was one of these on cops. A man who knew MA was jumped in an alley and he beat the cr#p out of the guy. This man sat and waited on the police and told them what had happened. The other man was arrested. The cops were laughing saying that this man finally met the wrong man. The MA man was only defending himself even though he beat the other guy severely. I think maybe he was showing the guy that proverbial learning curve.
2007-10-10 07:26:14 · answer #5 · answered by pappyld04 4 · 0⤊ 0⤋
Use of superior force is an aggravating circumstance in a criminal case. Thus, the offender will likely be meted a more severe penalty if he is a black belt in martial arts.
2007-10-09 14:07:48 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 3⤋
If he has a chance to he has to tell the person he is a black belt. Then if he is attacked he can only use the least amount of force it would take to get himself out of danger.
2007-10-09 14:09:38 · answer #7 · answered by Don T 3 · 0⤊ 4⤋