What about using a joint lock or something to control the person? How is that treated by the law? So if a person threw a punch at me, I locked him up, maybe take him down, yell for help, how is that treated?
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Law and The Martial Artist
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Originally posted by Darthmaul View PostWhat about using a joint lock or something to control the person? How is that treated by the law? So if a person threw a punch at me, I locked him up, maybe take him down, yell for help, how is that treated?
A lot of it has to do with the way your local DA office looks at things...or your country's equivalent.
In NYC for example, the court system really has much, much better things to do.
Just remember that beyond the criminal justice system, the other party can sue you in civil court.
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::Bump::
It seems like I started a similar thread with a different header? Must look again?
Due to circumstances beyond my control I missed a number of threads last year. This particular topic is of interest to me because of some personal experience (on both sides of the law)
There are a few SIMPLE rules for engaging a threat. Forget all that advise about the force continuum!
Are you in IMMEDIATE fear of serious bodily harm or death? There is only a minor difference between "brandishing" and ADW. It's called INTENT!
I'll look for that other thread with the legal speak on the details of what exactly constitutes ASSAULT, what the legal definition of intent is and what you are required to establish to JUSTIFY the use of force.
It really boils down to convincing the JURY that what you did was "reasonable"...
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In Layman's terms you have to be in a self defense situation. If you face multiple attackers then the law is almost always on your side. If you are on your own property, the law is most always on your side. If you use a legal weapon of defense then the law is almost always on your side. The key is to stay out of the courtroom. Try and get the D.A. to rule in your favor. If the police and the d.a. recommend that no charges be filed against you then you save a ton in legal fees. Stay within the law.
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