pgm316
16-Oct-2002, 02:43 PM
People often comment on legal situations, I've wrote this article with the help of a collection of quotes from this site and others, hope it helps.
You do whatever it takes to defend yourself.
I absolutely agree with the statement 'do anything to survive'. I’ve spoken to some martial artists and some say they could take an attacker out with a nice lock or other beautiful technique, personally I'll win any way I can. Spit in there eye, bite off there ear, wrench there goulies, all good sound techniques in a confrontation we’re it could stop you from getting seriously hurt. I’d teach this too; you name it I’d do it to survive or protect my family!
After all isn’t it better to be tried by 12 than carried by 6.
However at the time try to clear your mind of any fear of post-scrap legalities, the doubt will prevent you from being resolute!
With regards to the law you are allowed to use "reasonable force" to defend against an attacker/s, the phrase that I was told to use by a police officer is "I felt in fear for my safety". This does not, however give you licence to jump up and down on somebody's head.
I've heard (from a good source) that if you stick to "I felt my life was truly in danger" then that is reasonable cause for a pre-emptive strike. However, even if your punches weren’t pre-emptive, explaining how you blocked and parried the initial attack could make you sound like a violent person in some peoples eyes.
'In fear of your safety', make a big point of saying loudly and noticeably something like 'Leave me alone, I don't want to fight' and if they close in toward you hit them, hard fast and keep doing it. The people around you will (most probably have seen the other guy as the aggressor. Get names and numbers of people willing to back you up. This will help give you some legal defence if it goes that far.
A little known but highly effective method is also to say it after you have hit them. Eyewitnesses are notoriously bad at giving an account of a situation - should they be asked in court whether they heard you say "Leave me alone I don't want a fight", a large percentage will be hard pushed to say whether you said this before or after the fists started flying.
After the fight, try your best to disappear, there may be a big crowd or a lot of confusion. So use this to your advantage and slip away avoiding any legalities. Many people feel the need to stick around and resolve the situation. This could only lead to a lot of legal hassles that you do not deserve. The law can be a complete ass in these situations, many innocent people have been prosecuted for defending themselves.
If you do not manage to leave the scene you may end up at the accusing end of the law. At this point you’ll still be pumped up with adrenaline and your natural response will be to talk a lot. And probably say too much, things that could get you prosecuted later on. People often say “I flattened him because……………” a comment which could be very damaging in court! Without your lawyer or a court supplied one, say very little or nothing at all. Simply the way you phrase a statement could get you in trouble.
At this point in time you could find yourself trying to prove you’re not the attacker. Its unlikely the real attacker will give an accurate reconstruction of events. So witness statements and your statements could be vital to proving your innocence. Good luck, but lets hope you never need it.
You do whatever it takes to defend yourself.
I absolutely agree with the statement 'do anything to survive'. I’ve spoken to some martial artists and some say they could take an attacker out with a nice lock or other beautiful technique, personally I'll win any way I can. Spit in there eye, bite off there ear, wrench there goulies, all good sound techniques in a confrontation we’re it could stop you from getting seriously hurt. I’d teach this too; you name it I’d do it to survive or protect my family!
After all isn’t it better to be tried by 12 than carried by 6.
However at the time try to clear your mind of any fear of post-scrap legalities, the doubt will prevent you from being resolute!
With regards to the law you are allowed to use "reasonable force" to defend against an attacker/s, the phrase that I was told to use by a police officer is "I felt in fear for my safety". This does not, however give you licence to jump up and down on somebody's head.
I've heard (from a good source) that if you stick to "I felt my life was truly in danger" then that is reasonable cause for a pre-emptive strike. However, even if your punches weren’t pre-emptive, explaining how you blocked and parried the initial attack could make you sound like a violent person in some peoples eyes.
'In fear of your safety', make a big point of saying loudly and noticeably something like 'Leave me alone, I don't want to fight' and if they close in toward you hit them, hard fast and keep doing it. The people around you will (most probably have seen the other guy as the aggressor. Get names and numbers of people willing to back you up. This will help give you some legal defence if it goes that far.
A little known but highly effective method is also to say it after you have hit them. Eyewitnesses are notoriously bad at giving an account of a situation - should they be asked in court whether they heard you say "Leave me alone I don't want a fight", a large percentage will be hard pushed to say whether you said this before or after the fists started flying.
After the fight, try your best to disappear, there may be a big crowd or a lot of confusion. So use this to your advantage and slip away avoiding any legalities. Many people feel the need to stick around and resolve the situation. This could only lead to a lot of legal hassles that you do not deserve. The law can be a complete ass in these situations, many innocent people have been prosecuted for defending themselves.
If you do not manage to leave the scene you may end up at the accusing end of the law. At this point you’ll still be pumped up with adrenaline and your natural response will be to talk a lot. And probably say too much, things that could get you prosecuted later on. People often say “I flattened him because……………” a comment which could be very damaging in court! Without your lawyer or a court supplied one, say very little or nothing at all. Simply the way you phrase a statement could get you in trouble.
At this point in time you could find yourself trying to prove you’re not the attacker. Its unlikely the real attacker will give an accurate reconstruction of events. So witness statements and your statements could be vital to proving your innocence. Good luck, but lets hope you never need it.