Lifetime Supporting Member
- Jul 2, 2006
- Reaction score
- Northern VA
Force is assessed by whether it's reasonably likely to cause death or serious bodily harm. You may "know" that simply choking someone out and releasing the choke is something that sometimes happens dozens of times in a judo or BJJ class -- but in the courtroom, it's almost certainly going to be painted as a lethal attack on the person. And, when you assert the justification of self defense, you move the burden of proof from the prosecution to the defendant. You'll have to overcome the picture they paint of your "vile attempt to choke the life out of your victim." Especially if he's dead... or just suffered measurable brain damage because of that choke. Again, the instrumentality doesn't matter -- it's only whether or not it was reasonably likely to cause death or serious bodily harm.Shooting somebody or even stabbing them or hitting them with a hammer is much more likely to kill them than choking them out. Therefore I would think it would tip the scales much more in court if the defendant had shot or stabbed the assailant rather than if he had neutralized the assailant with his bare hands. If I was in court in such a situation I would say that I didn't use any weapons.
Want to refuse to be a victim? Walk away. Don't tolerate being bullied. Use your words. IF, and ONLY IF, the bullying rises to a physical attack, you may use the force reasonably necessary to safely end the attack and resolve the situation. Your insistence on ideas like this is what is childish and overly simplistic.What's so childish about refusing to be a victim? This world would be a much safer place if people wouldn't get in trouble for using force against troublemakers who instigate. That way, people wouldn't instigate if they knew that their would be victim might be capable of, and allowed to, wipe the floor with them. I am not in favor of instigating or picking fights, I am in favor of using force to stop those that do. "You don't bother me, I don't bother you," is what I live by.