wat does the law say about this situation/who gets in truble?

Question

plz sum1 who knos not opinions. only 1 personed answered and she said self defense was a privilege and u should kno how bad the person wants 2 hurt u b4 he does nething. neways. say an attacker attacks sumbody. but the defender ends up beating the **** out of the attacker. and wen the cops finally show up the defender is on top of the attacker pounding/stomping him. i kno sending sum1 2 the hospital is a felony but wat if the attacker is sent 2 the hospital? ur in a state of rage since u got attacked rite. nobody who gets attacked says "o i won the fite now im gona leave while my adrenaline is still pumping". so would both get in truble and how much truble would the defender b in if ne?

1st of all if u could understand the question obviously its not my spelling. 2nd since wen does typing like this make u dumb wen im just shortening words idiots. 3rd im in CA and wat if ur getting attacked and u give him 1 devastating blow that KOs him and puts him in the hospital

Answer 1

There are a few factors in this scenario. First, in some states there is still a limiting factor known as the 'Duty of Retreat'. It means that if someone becomes the victim of a crime, he or she must first make an effort to escape the situation rather than immediately defending him or herself. Second, while self defense is a legal defense in the United States, there is still a line of distinction that can be drawn between self defense and assault. Self defense generally means using enough force or violence to end a situation where you were the initial victim. When you say the person who was initially attacked is then on top of the initial attacker beating him, that would arguably cross the line of self defense. So while it may have started out as self defense in sounds like in the end, the initial victim could've been charged with assault as well.

Remember, self defense is the right to protect oneself, not the right to get revenge.

Answer 2

No reasonable jury would believe that the so-called "defender" maintained his status as a "defender" even as he began to win the fight. A reasonable jury will probably say the "defender" only had the right to fight back long enough to stop the attacker from attacking again, and nothing more.

In fact, the "defender" better have some very trustworthy and uninvolved witnesses to back up his version of events. Neither cops nor a reasonable jury is going to believe the "defender" and his friends when they say that the bloody and unconscious guy on the ground "started it."

From the language you use, I'm assuming you can not afford a fantastic attorney (no disrespect man, I'm just saying). So you're probably screwed, and you're probably going to jail for aggravated assault for a little while.

And let me offer an attitude adjustment: "nobody who gets attacked says 'o i won the fite now im gona leave while my adrenaline is still pumping'.

Dude, I'm sorry to say, but this is exactly what civilized and reasonable people would say so that they don't go to prison themselves.

Answer 3

something like this happened to a friend of mine.
it started with a crazy person in a road rage incident - a huge guy, who just didn't know how to fight.

my friend just duked this guy with jabs and ducked his wildly wide swinging punches.

by the time the cops showed up the attacker was a bloody mess and my friend was just standing there.

fortunately for him there were witnesses.

however, if your friend kept hitting AFTER the other guy was down, then he has a serious problem, witnesses or not.

by the way, i really want to encourage you to read more and i really hope that you are still in school...

Answer 4

A "state of rage" can make the difference of whether killing someone is "murder" or only "manslaughter", but both are illegal. To continue beating a person after it is no longer necessary to defend oneself is illegal. If you have an opportunity to retreat in safety, you must take it.

Answer 5

Defending your self is measured by stopping the threat. If a reasonable person would have done the same thing, you are okay. I would not continue to pumell someone if they are down and unconscience.

Answer 6

were you typing with your eyes closed, using your mouth or what? I can hardly read the question. but, if you just continually say that you were scared for your life and he wouldn't quit hitting, shooting at you, trying to hurt you etc. you will have a better shot of not getting in trouble. that is why when you see cop shootings on the news so many rounds were fired. peoples nerves take over and they shoot a lot.