if someone threw a punch?

[Icey101]

so hyperthetical

i once asked a cop what can you legally do if someone took a swing at you, he said you are allowed to use "the minimum force required to defend yourself" and that was it.

So lets say your neighbour was in your face arguing about whatever and he decided to out of the blue take a swing at you, if you took the punch and then put one into him and he fell backwards and got injured by falling down the steps, can you be charged or sued for damages?

The issue is how can you be careful to not do any more damage to them, while someone is trying to put punches into you?...

lets say you do not have a witness at this point in time

[fdeck]

I'd walk away if possible and run away if necessary. A police complaint would follow.

[bassybill]

My next door neighbour is a lady in her nineties. I really wouldn't get into this sort of situation with her.

[fmoore200]

I have been I a few fights and have seen a few more, and not once when the cops were called didn't any serious litigation come of it.

If two grown men get into a regular fight (ie. No one is permanently injured), I don't see the reason why either party should sue... Man up and take the beating... Lol

[Darkstrike]

Originally Posted by bassybill

My next door neighbour is a lady in her nineties. I really wouldn't get into this sort of situation with her.

I wouldn't be so sure about that.... old ladies get angry!

[Kwesi]

Depends, I guess. If I think I can get away then I'll do just that but if I have to fight I will. I don't get into fights but I can't run for squat so I've only got one option .

[Simo98]

Depends on the situation, if it isn't life-threatening, and the guy is a massive douche, me ideal response would be to take the punch full force, ideally falling into something somewhat solid, and then proceed with whatever legal process I need to in order to get the guy in as much **** as possible.

However a majority of the time I wouldn't particularly want to send the guy to prison for a bad decision, so I'd probably just take a step back and start to walk away, then gauge what to do next.

In a situation where I feel genuinely threatened, and there is no obvious way out, I'd do whatever I could to get the guy out of my way, preferably on the ground, and then either walk or run in the opposite direction. I'd probably then try and call the police or something so they have a record of some sort of me claiming to be acting in self defence incase the guy decides he wants to try and sue me or something.

[Pilgrim]

You can be sued by anyone, at any time, for anything.

Whether the suit has merit is another issue.

However, I suspect that in the case cited at the start, the person who fell down the stairs would have a decent shot at winning a lawsuit.

The preferred and wise option is to avoid situations which lead to fights. I haven't been in one in 40 years of adult life.

[Darkstrike]

Originally Posted by Pilgrim

The preferred and wise option is to avoid situations which lead to fights.

At the tops of stair cases, at least...

[Stumbo]

Originally Posted by Icey101

So lets say your neighbour was in your face...and he took a swing at you, if you took the punch...

IMO, based on what the officer told you, since you "took" the punch, meaning it didn't phase you (you weren't injured,etc.) and you were able to respond with more force than was to applied to, then you will be sued and lose. And, you may be charged with a crime if your neighbor sustained injuries, especially if the injury is chronic. For sure sued because now lost wages and the ability to engage in productive employment are involved.

If it gets that far and you lose, you'll probably lose everything you own paying the lawyers and losses and such. Even if you win, you'll lose because hiring a lawyer for an ongoing trial will pretty much take everything you own as well.

If someone punches you and you "took" it, I'd get to the hospital and get treated, even if it's just a bruise/scrape. Call the police on the way, explain what happened.."I was attacked and I want to press charges..." and have them meet you at the hospital to take your statement.

A relative of mine was arrested for resisting arrest years ago. The officer stated that my relative attacked him and that was why the officer beat him up.

What came out in court was that my relative was a martial artist with 10th degree black belt and a champion fighter. He had restrained himself during the altercation with the officer and that he could have taken the officer out anytime he chose to.

The charges were dropped.

Anyone can be sued by anyone, at any time, for anything.

And if the other party has resources, you'll go bankrupt before have a chance to have your day in court.

[Lee H]

If both participants throw punches, law enforcement usually tries to write it off as mutual combat.

I have worked as a bar bouncer, and have been involved in quite a few altercations with drunks who thought they were invincible. Most weren't although one did drop me and put a few knots on my head a few years ago (he was so doped up, I couldn't hurt him), and another time someone put a knee in my head as I took someone else to the ground. I think over the years I have had five drunks try to file complaints. Usually the officers assessment of the situation will be what the DA and judge look at... Of the five times I have been contacted by officers, the cases were closed immediately after the officers talked to me...My understanding of the situation is that Judges do not want to be bothers with mutual combat, and those cases are usually dismissed

[SBassman]

I'm no lawyer or police person, but I would imagine the best course of action after someone throws a punch at you is:
to walk away if you can, and if you can't, to try to wrestle the idiot down, as opposed to actually hitting him.

[Keano]

Originally Posted by Lee H

If both participants throw punches, law enforcement usually tries to write it off as mutual combat

It really depends on the officer at the scene and how he/she interprets it, but this is generally how it'll be. Now, suppose you threw back a punch and then some, then there will be more questions.

Originally Posted by SBassman

I'm no lawyer or police person, but I would imagine the best course of action after someone throws a punch at you is:
to walk away if you can, and if you can't, to try to wrestle the idiot down, as opposed to actually hitting him.

I'm no lawyer either, but from what I gather "the minimum force required to defend yourself" means pretty much this - shove the guy and walk away, or suppress him somehow. Anything beyond those two are deemed more than minimum.

[DirtySix]

Lesson learned here is: take a few steps back from the stairs before you punch the guy.

SBassman- I wouldn't wrestle the guy down unless there is no one else around, this is a great way to get stomped in a public setting.

[Mark Wilson]

That's all i'd do.

[1958Bassman]

Originally Posted by Icey101

so hyperthetical

i once asked a cop what can you legally do if someone took a swing at you, he said you are allowed to use "the minimum force required to defend yourself" and that was it.

So lets say your neighbour was in your face arguing about whatever and he decided to out of the blue take a swing at you, if you took the punch and then put one into him and he fell backwards and got injured by falling down the steps, can you be charged or sued for damages?

The issue is how can you be careful to not do any more damage to them, while someone is trying to put punches into you?...

lets say you do not have a witness at this point in time

Make sure they land on a mattress or move it to a part of your yard where the rocks aren't. If they take a swing at you in your yard, I personally think they deserve whatever happens. If the punch doesn't land, just step aside and if they're stupid enough to try again, make sure it's a glancing blow in the event that they connect, then grab them by the ear and walk them out of your yard. Call the cops after they do this and/or make sure you have your own witnesses.

If you kill them, it may be a manslaughter charge or negligent homicide.

Assuming this is referring to the neighbor who had the dog, get a temporary restraining order or the Australian equivalent. If they're too stupid to stay away and you have asked a cop "What if?" RECENTLY, get the cop to realize that these people just won't go away. Otherwise, toss a jar full of funnel web spiders at them and walk away. You could always put a "Protected by a cuddly Brown Snake" sign at the gate.

[mcblahflooper94]

Originally Posted by fdeck

I'd walk away if possible and run away if necessary. A police complaint would follow.

+1. Pacifism rocks for all parties.

[nortonrider]

If someone takes a swing at me, I'm swinging back.
I've never been one to tuck my tail and run.

[kanonfodr]

If there's a potential for someone to witness: take your butt-kicking and press charges. Mental Anguish gets you a lot of money nowadays

If there's not a potential for witnesses: kill him, sever the body limb from limb, bury him in a quicksand pit. Don't forget to erase all his fingerprints permanently. Then fabricate a good cover story

Peace,
Greg

[burk48237]

Originally Posted by bassybill

My next door neighbour is a lady in her nineties. I really wouldn't get into this sort of situation with her.

Yeo, If you're like me you'd hate to get beat up by a women in her ninties.