Is defending your friend or girlfriend physically from verbal or physical abuse considered assault?
2007-11-29 16:05:26 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
From what you said, yes. When you enter into a situation, you generally take the place or "step into the shoes" of the party your defend. That means you have the same rights as they do. In a situation where verbal abuse is happening, you, basically as the friend or girlfriend, cannot raise the level of the confrontation to a physical altercation unless there is a threat from the other party of physical danger. That is the essence of self defense. You are NOT describing a self defense situation. You would therefore be considered to be the aggressor in this situation, and probably face criminal charges for assault. The degree of those charges would depend on what actually transpired.
If the person you step in for is being physically assaulted, you may respond to the physical assault with like force. However, if it is possible to safely retreat from the altercation, you MUST do so in order to maintain the self defense claim.
The rationale is simple. The law does not give people the belief that escalating an altercation when there are other options is justified. Certainly, a verbal argument is a situation that simply does not warrant a physical response. A phsycial altercation may require one. But there must be circumstances which clearly justify it.
2007-11-29 16:57:20 · answer #1 · answered by Toodeemo 7 · 2⤊ 0⤋
If there is physical abuse and you are there then you are allowed to use reasonable force to prevent it.
If it's verbal abuse and you hit someone over it then you'll wind up in jail and if you go out and beat up someone who abused your friend last week then you are going to end up in jail.
What is reasonable force will be decided upon by a judge but it would depend on your physical strength and the physical strength of the attacker along with any weapons the attacker may have.
2007-11-29 16:17:01 · answer #2 · answered by bestonnet_00 7 · 0⤊ 0⤋
This question is over broad. Traditionally the term assault refers to placing someone in fear of being struck or harmed.
Generally one may repel an attack with proportionate force. You may defend another but only with minimal force if force is needed at all.
2007-11-29 16:16:01 · answer #3 · answered by C B 6 · 0⤊ 0⤋
Yes. You could have a good case if there was physical abuse involved, but the other person could make a complaint and have you thrown in jail.
2007-11-29 16:13:11 · answer #4 · answered by Jayden 2 · 0⤊ 0⤋
yea i think so
2007-11-30 08:46:27 · answer #5 · answered by Dontrelle and Staci 2gether 4eva 2 · 0⤊ 0⤋