Absolutely NOT correct.
Agressively entering a stranger's personal space, then their intimate space, is sufficient justification for a defensive response.
Anyone "getting an inch away from a stranger's face" in a threatening manner, is in effect issuing a threat, and that threat should be neutralized with whatever degree of force is necessary to remove the threatening person from the intimate and personal space.
[[Anyone “getting an inch away from a stranger’s face” in a threatening manner, is in effect issuing a threat, and that threat should be neutralized with whatever degree of force is necessary to remove the threatening person from the intimate and personal space.]]
Good luck with htat especially if htere are bno witnesses-
http://www.justanswer.com/law/2g5b3-assault-punching-someone-nose-during-verbal-argument.html
1. The police can be informed and there could be an arrest for assault and battery.
2. The injured party can request a Personal Protection Order against the assailant.
3. The injured party can sue, in civil court (small claims probably), for assault and battery.
http://www.criminaldefenselawyer.com/crime-penalties/federal/Simple-Assault.htm
In order for a defendant to be convicted of simple assault, the prosecutor or district attorney must prove every aspect of the crime (called the “elements” of the crime) beyond a reasonable doubt. The evidence must show:
•that the defendant intentionally threatened the victim with an attack or bodily harm
•that the defendant appeared to have the ability to carry out the threat and/or took some sort of action that seemed to set an attack in motion, and
•that this threat caused the person to fear immediate serious violence, or
•the defendant actually attempted to or applied physical force to the victim.
Defendants charged with simple assault have the usual defenses available to all criminal defendants, starting with “You’ve got the wrong person, it wasn’t me.” In addition, a defendant can claim self defense or defense of others and present evidence that the alleged victim initiated the confrontation and that the defendant was defending himself or another person from the alleged victim’s attack. That defense may take the form of showing that the other person actually threw the first blow, the defendant could not safely retreat, and he had to take physical action to stop the attack or to protect himself.
It differs fro mstate tro state- but basically if there are no other witnesses you are goign to have a very hard tiem convincing a judge you just needed to smack the other person EVEN KIF they were one inch from your face screamign at you-
IF you have witnesses, you’re on better footing, but still have to show just cause— personal space however has notrhign to do with it-
You said ‘aggresively entering’ the space- Again- the onus will be on you to prove you reasonably felt in danger- there is no ‘personal space’ or ‘intimate space’ that I am aware of in regards to legal terms-
Next you mention “Anyone “getting an inch away from a stranger’s face” in a threatening manner,”
That wasn’t what was beign discussed- screamign at someone does NOT automatically constitute a ‘threatening manner’- you still will need to prove you felt reasonably afraid of assault in order to avoid beign charged with assault yourself-
you legal rights however begin when you go to leave a situation, and hte person blocks you from doing so and makes it clear that they are not goign to let you just walk away- OR if you have asked hteo ther person to desist from speakign to you in such a manner, and the person refuses, then you are on better fotting regardign hte law- i nthe first case, you are being held agaisnt your will, in the second, you’ve made itclear that you are beginnign to feel trhreatened, and will act if the person does not desist
Two peopel standing right in front of each other screamign at each other, or even just oen screaming, does not cosntitute reasonable threat- if that were the case, many husbans and wives woudl be charged without ever havign laid a hand on the other person- Asd I mentioend earlier, cops always look for marks- if there are none, there is nothign they can do legally (EXCEPT IF there were witnesses) if htere are marks o none person but not the other, that person is concidered the victim IF there are no witnesses
Generally, it coems down to whether or not you used reasonable discretion and have evidence you tried to avoid a situaiton but coudl not-