Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Navy Patriot
Here, "aggressor" is the legally wrong word. Assault and battery must occur before either party's right of self defense is triggered. A simple push with no fall won't do (say many Florida judges, not me), but a punch or kick will. That will put the other party reasonably in fear of their life. "Approaching" is also not assault and battery, approaching a person in public without criminal intent is legal (also applies to both parties, Mr. Martin could also approach Mr. Zimmerman legally.) Law and justice are not the same thing.

Thank you for the great response. Clears a lot of things up. Question on the "agressor" and "swing first" thing. How can it be first thing? If someone comes at me with a bat, I'd attack first? Wouldn't I be alright to do so? What if a bigger guy comes at a smaller girl or kid? Couldn't they do something to protect themselves without the agressor taking the first swing? Just curious. Thanks again for the resonse.

76 posted on 03/22/2012 5:03:40 PM PDT by justice14 ("stand up defend or lay down and die")
[ Post Reply | Private Reply | To 71 | View Replies ]


To: justice14
How can it be first thing? If someone comes at me with a bat, I'd attack first?

You would be legally defending yourself in this instance because, 1)you are SHURE the assaulter has a DEADLY weapon, 2) he has the weapon in the striking position, 3) He is coming toward you to remove your safe zone, 4) 1,2, and 3 establish by visible action that he is approaching with criminal intent, it is not necessary for him to utter a verbal threat, he is committing felony assault at this point without touching you. You are legitimately in fear of your life.

Wouldn't I be alright to do so?

Absolutely, you're legal and fully protected under SYG.

81 posted on 03/22/2012 5:38:01 PM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it. (plagiarized))
[ Post Reply | Private Reply | To 76 | View Replies ]

To: justice14
What if a bigger guy comes at a smaller girl or kid? Couldn't they do something to protect themselves without the aggressor taking the first swing?

Generally a little more complex, but (most everyplace in America) minors are very well protected and allowed much latitude in self protection. Usually it is a misdemeanor crime for an adult to even annoy a minor.

The women part is very complicated, and I ain't goin' there.

82 posted on 03/22/2012 5:52:48 PM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it. (plagiarized))
[ Post Reply | Private Reply | To 76 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson