We agree that everybody should keep their hands to themselves. He did not have to continue the attack for it to be unreasonable or excessive, I can almost guarantee you the prosecution will argue that the force he used that resulted in serious medical injuries when he was in no fear for his life or any real danger was indeed excessive.
So now you spoke of responsibility. As reasonable response. What responsibility do she have? None. If he had called the police it could've been a different matter as I stated before. She blew smoke in his face and foolishly argued with her. She showed no effort to escape nor deescalate. She attacked him. Again if he had called the police it would have been different
A defense could argue back that , using an analogy, u don't get to choose what weapon your opponent has. She knew what she was getting into when she raised her hands at a dude The other problem is she wasn't in danger either. He didn't continue an assault . It was one punch. I get What you are saying.. in court big difference
No different from what I said about the girl in school who got thrown from her desk by the cop for not giving up the cell phone and not leaving the room, the girl should've gave up the phone or left the room when told. You bring things upon yourself if you do dumb shit. I don't feel sorry for that chick for getting rocked
In a court of law, a defense would have to prove his actions met the elements for self defense, an analogy or arguing that she should not have started the fight in the first place would not meet the legal requirements and would not be taken seriously by any judge. And again, one punch is more than enough to prove unreasonable or excessive force, especially given her injuries.
You have repeatedly stated that you feel she got what she deserved and that you dont feel sorry for her. You are welcome to your opinion, as we have discussed before, we both feel that part of the benefit of this forum is to help guide and educate each other, so I do hope you understand the legal consequences that I and others have brought forth in this discussion and would encourage others (especially young men) to make the better, more intelligent choice to walk away if they ever find themselves in that situation.
Yeah I understand that why I said awhile back he was foolish for arguing with her however she gets no sympathy from me for instigating a fight. If I'm not mistakened it's not the first time for her. She has a record. I think since showed it I predicted that in how her "friends" didn't intervene in the escalating fight. She steadily talking trash and they didn't stop her. When I saw that I knew she had a history of this bs. As we pointed we know the double standard. I put up a thread of men being abused by women and we had a lot of people scoff at that issue of women being abusers. Look at women cheating in marriage. When she cheats it's the man fault..if a man cheats he's a dog. A woman can kill a man a get a lesser sentence if the man does the exact same thing . In a divorce a woman has to be on crack and robbed people before a man can be considered as the primary custodial parent. So we know the deal
He did. Right before she pushed him. He turned away then turned back (I'm guessing she said something to call him back).
That's before anyone touched each other, dude had all the time in the world to walk away after that initial push. When I watch it play by play I know why she pushed him, it was a defense mechanism because dude big as fuck in her personal space, that's what usually happens in those situations.
The guy was normal conversational distance from her. He is at least the girl's arm length from her. He was no closer than some person at t mobile helping a customer. She was hunched over on the table making it look like he was hovering over her more than her actually was. Also, it's damn near instinct to come up close to the table when someone calls you to it. Most normal people aren't going to stand in the walkway. He may have had time to turn around. Not enough to walk away.
Also, he was further away from her than when he initially walked up to her by the time she pushed him and he tried to walk away. Very delayed for a defense mechanism
"unreasonable due to the great disparity in weight, height and strength." This is reaching, where in the paragraph does it take those into account? He didn't beat her senselessly, he responded to the initial assault, then gave her a sort of bodily warning/gesture, she then proceeded to assault him this time slapping across the face, which he then responses to with a punch. This is perfectly reasonable and legal, he did not continue to pound her when she fell to the floor, he did not take out an weapon, he walked away after the incident. My only critic was that he didn't notify the authorities and file a police report.
That's a fail.....lol. By going down with her he left himself open to attack. He should have stayed on his feet while boxing. If the second girl had a weapon he would be dead. Prefect? Lol