Law Question

Posted by: Anonymous

Law Question - 01/24/05 08:25 PM

I hope this isnt a repeat, but please forgive me if I dont feel like scrolling through a years worth of threads...but I heard from one of my friends (a fellow MA) that after 6 months of training in the MA, if you get into a street fight and the law gets involved, it no longer becomes assault and battery, but assault and battery with a deadly weapon.

This could quite possibly be just a rumor, but I want to make sure either way so I can stop my friend from spreading this untrue rumor, or if it is true, so I myself can spread the warning to any other MAs like wildfire.
Posted by: Anonymous

Re: Law Question - 01/25/05 06:27 AM

Pure myth.

What is relative is if you acted recklessly and caused unneccessary damage or injury whether you are trained or not. There is no automatic enhancement because of MA training.

Your training may come under scrutiny during jury deliberations or civil litigation when someone attempts to argue that you had a greater responsibility to avoid the incident because of your background.
Posted by: Anonymous

Re: Law Question - 01/25/05 02:38 PM

the law makes no distinction between a trained fighter, and an untrained one. The only thing that can enhance the level of a assult is the degree of injury, or the use of a actual, physical weapon. This can be anything from a baseball bat to a gun. A ink pen can be considered a deadly weapon if it is used in that manner. This question goes along with the myth that martial artists must "register" as a deadly weapons. This is not and never has been true.

luke d
Posted by: MrVigerous

Re: Law Question - 02/10/05 12:10 PM

Just a general comment guys.

It might be pertinent to ask the questioner where in the world he lives before proffering legal advice. Members here hail from all over the world. Though their are common principals in countries such as the UK, USA, Canada, Australia and others that does not mean commonality of law.

Regds
Mr V