Quote: The "battery" is the agressor actually touching/ grabbing/ striking you. If the battery has already happened, then how the heck is your RE-active defense technique "pre-emptive". Pre-emptive means the action takes place BEFORE the battery", in order to prevent it.
If your strike/ sd technique takes place AFTER the battery, then almost EVERYONE would agree that your action was justified & the law is firmly on your side.
I'm talking about the act of striking someone when there is no indication that a fight is imminent from the person who is struck. This is an assault on that person.
However, if the person is aggressive and an attack appears to be imminent, it is not assault, but a pre-emptive strike used in self defense.
As to it being a guarantee that you will get self defense if you are second to strike, that is far from the truth. You could be charged with disturbing the peace and consenting to participation in a brawl. Furthermore, depending on your application of force, you could end up being taken as the assailant if the level of force is unreasonably high.
Quote: "Sure, there's a chance that this will happen if the jury is composed mostly of people who view the subject the same way as Midnightcrawler, however it's technically legal."
This is part of the main point though isn't it? From the viewpoint of someone who has appeared in court more than most, I would have to say that the majority of people do not understand the law and would interpret an assault as starting at the point where physical contact is made. Wrongly, as hopefully we all know by now, but still the way the majority think.
In all of this debate we have heard about the various giveaways that say an assault is about to happen. You go a jury with the bulging eyes, dipping shoulder and monosyllabic speech argument and you may as well tell them you read it in your horoscope.
Disturbing as it may be, this is definitely true. Yet another reason to avoid fights and escape if you find yourself in a dangerous situation.
Edited by Leo_E_49 (01/15/0703:31 PM)
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