Hi r/sydney, Just curious, if someone was to punch or throw a bottle at you in a pub or in the city are you allowed to retaliate/defend yourself without getting a criminal record afterwards? The most I allow it to effect me is that I may find it annoying, and then if they are breaking any rules I may report them to the site administrator to stop that annoyance. That way, if they make up lies about you later, you have been honest and given your side first. If at all. You may have grounds to press charges as well. If you or someone you know has been attacked in a public place, the first thing to do is call the police. The district attorney’s office will generally get involved if murder has been the result of a self-defense battle and then you’re looking at a very long … The disability of the victim need not be apparent or evident. Criminal Law. If someone hits you and you hit them back to stop the attack you are safe and can claim self defence. Not including sexual assaults, more than 800,000 aggravated assaults are reported annually. Shouldn't he be considered equally(if not more)liable too?Why Shouldn't fighting someone back (physically)who harassed me(mentally) just to get some giggles be considered reAsonable to the extent of mental assault? Very much. When someone physically assaults you the only "choice" you have for limiting the damage is by resisting the assault or after the assault by seeking medical treatment.When somebody mentally assaults you and you decide not to care you suffer no harm. Just defending yourself from an attacker may lead to a criminal charge. Posted by 6 years ago. First, you should always avoid a physical fight regardless of age and if you know he wants to fight avoid him. Some states may limit recovery if an injury is not treated within a set period of time after an incident. If someone assaults you, you need to stop complaining, put your big boy pants on, and shrug it off. A lot of people assume you have to be convicted of murder to get a life sentence and that simply isn’t true. Assaults and batteries can also be pursued via civil lawsuits (as opposed to criminal prosecution). You are NOT fighting back. You don't just let someone beat the crap out of you or attack you with a weapon b/c they are a minor. 0 0. That is vague and for a reason, it is a catch-all term. Even if termination is not the concern, other forms of discipline can also be problematic. It can involve hitting, pushing or punching someone but you can also commit an assault without even touching someone (e.g. If you or someone you know is concerned about a criminal assault or battery charge, it's critical to contact a criminal defense lawyer as early as possible to better understand the charges and the possible penalties that come with a conviction. Your best bet is thee sue them in court with proof so you can get a restraining order and them and you can legally win over them. Any one can press charges. If you’ve threatened the officer or hit him then tough, grow up and take your medicine. And if the threat includs a knife or gun, i will not hesitate to put him down permanently. But a police officer? What to do if someone physically assaults you? BUT even then physical assault is NOT the answer. Visit our professional site ». You need to try to get ahead of this. Assault is a criminal offense. In some states, a person may also be required to attempt to retreat before using deadly force. As a general rule, you can use deadly force to defend yourself or others from the threat of death or serious bodily injury. 1) Walk away. It is widely determined differently in every case. Archived. Still another person's opinion or words is just that. You may have a shoulder injury that prevents you from blocking strikes or punching. Copyright © 2020, Thomson Reuters. The person who assaulted you may end up behind bars, but that won’t pay for your medical bills, lost wages, or pain and suffering. However, if you've already been hit, and the person who hit you indicates by words or actions that he is not going to hit you again, self defense generally does not allow you to hit that person back. If somebody mentally harassed you and you can't do anything against to stop them or harass them back (mentally) ..Shouldn't you have the right to hit them back to a reasonable amount(if you can)I mean In the eyes of law shouldn't I at least be given a chance to explain my reason for physically harassing someone?Somebody harassed me mentally without any fault of my own and I fought back(physically) so that he would stop..Why am I still the only bad guy in the eyes of law?! Is It Legal to Fight Back If Someone Hits You First. Do not even think about doing that. But sometimes, whether you're looking for it a not, a physical confrontation may find you. However, if you deliberately provoked the attack then fought back when it happened, police may consider it to be what’s known as “Mutual Combat”, and charge both of you with something. Microsoft Edge. A failed physical attack might be seen as a challenge to the attacker. Assault is any act that intentionally or recklessly (see below for definitions) causes someone to fear immediate violence. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Tell the police who they are, who is with them, a description, and what happened. If that is, you can do it immediately. 3) Call police. You and she do not get along at all, so you try and stay away from one another. Spitting on someone is regarded as an assault. To learn more about self defense and criminal charges, check out FindLaw's section on Criminal Law Basics or consult an experienced criminal defense lawyer near you. Stay and fight back. Lv 6. Often these cases come down to who has the more credible or believable story and if you have other facts such as those you … Libel and slander are illegal and you can sue the pants off of someone if they commit those acts. How bad was that fight when you pulled your gun – or how bad was it going to get? Close. if you feel the need to fight back, you should report this to the police straight away. If someone you know has perpetrated abuse, you cannot see them. The punishment for common assault and/or battery can be very serious. If somebody mentally harassed you and you can't do anything against to stop them or harass them back (mentally) ..Shouldn't you have the right to hit them back to a reasonable amount(if you can) no, you can only use force to protectyourself from GREAT bodily harm. Your instructor is, quite honestly, daft if he can't figure this out. By using this site, you agree to our Privacy Policy and our Terms of Use. Use of force that would otherwise be criminal in nature may be excused if it was done in self defense. I do not know what the person has in mind for me, and I dont want to stop and ask, hey are you gonna kill me or just maim me? Originally Answered: If a police officer punched me, should I fight back? Search. Tell that to the boy who went in a school did a mass $$$$$. 2) Ignore. If there is sufficient evidence to prosecute, a judge will issue an arrest warrant for the assailant. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. All rights reserved. Failing to notify law enforcement can actually impair your ability to make civil claims later for injuries or damages suffered in the attack. 6 years ago. You, reasonable person that you are, may have had good reason to think you were in danger of death or grievous bodily harm when you fired your weapon, but actually weren’t. In a physical confrontation, self defense typically allows a person who reasonably believes he is about to be hit to defend himself. You are absolutely allowed to defend yourself, and SHOULD. After the police file an assault report, that report will then be sent to the prosecutor’s office. When somebody physically assaults you and you decide not to care you still get bruised, break a bone, or what ever their assault caused to you. (See: use of force continuum.) You will be able to talk with a counsellor who can advise you of your options and help you decide what to do. Getting help. Even if you didn’t start a fight, you can often be charged with an assault and battery offense. Or were you? Physical violence is not the answer. Preferably by calling the police once you have reached a safe distance. Depending on your state statutes, you may not legally fight back unless you are in fear of death or serious injury. A knee injury may prevent you from running away or limits your ability to fight back. It is not necessarythat an injury is caused to the victim. Home Science Math History Literature Technology Health Law Business All Topics Random. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Death Panelist. If you get in a fight that was “mutual”, but you end up causing a more serious injury to the other person, you will likely be the one charged. Back in the mid-west if you are a low income or middle class man and you call the police because you were assaulted they more than likely won't do anything unless the person that assaulted you is still there. YOU will go to jail. Including our Terms of use sufficient evidence to prosecute, a description and... By using this site, you should also seek medical attention continue to hit that well... Yourself, which is allowed regardless of the age of the victim need be... 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