Quote:
Originally Posted by dissentowner
The courts will take in to the size difference, gender, etc and the circumstances involved. However if two people of equal size and gender shove eachother there is no offense. If two people consent to a fight and punch eachother with the possible exception of causing a public disturbance there is no offence. If during the course of that fight one of the person's says stop and the other continued to hit him then that would be assault. I challenge you to find case law that says otherwise. If you are outside a bar and somebody shoves you, you have every right to shove them back. If somebody hits you, you have grounds to hit them back. Of course you cannot justify that action if the person were disabled, a child, much smaller, and other factors but if some guy hits you out on the street you can hit him back. If some guy spits on you on the street you would be justified in hitting him back. No court or judge would convict you on it. I know exactly how the code is applied because I work in law enforcement, what do you do valo? Your example of somebody shoving their way by is ridiculous and was never my point and you know it.
|
To the first bolded portion, why would I? I never argued anything remotely close to that.
Care to share the case law supporting that seconded bolded point?
As for what I do, I'm a lawyer. You quite clearly are lacking the ability, or desire, to actually think critically on this topic. Someone shoving you outside a bar may give you the right to defend yourself if they continue to pose a threat, it does not however give you carte blanche to shove them back. There is no eye for an eye.