Martial Arts and the Law

[WhiteTiger]

I have been asked many times if I had to "register" with law enforcment when I first became a Blackbelt. Just yesterday somone asked me this and brought up how Nicholas Cage was convicted of Man-Slaughter in Con Air for killing a man that pulled a knife on him. Well beside the fact that "THAT WAS A MOVIE YOU IDIOT" it was in the script!
After dismissing this as a MA myth, I will often explain that the laws of personal protection apply to me just the same as everyone else. However it can be argued in court that being an "expert" in MA I am better able to control the "Necessary Force" required to protect myself, and that I used more force than I needed to.
I have had only 1 altercation in which I used my art to defend myself, and the attacker was not in a position to press any charges against me.

Has anyone had any experience with this sort of situation?
What was the outcome?

 

[7starmantis]

I've only had a handful of situations where I had to fight to protect myself, and all of them had been blatantly obvious that I used it as a last resort, and no charges were ever brought against me. However, I have an attorney friend who works out with us that was talking to me about this issue. It is very common for someone trained in any type of MA to get that card pulled on them in court he said. If you train in MA you know the necessary force it takes, and if you exceed that limit, believe me, you will go to jail. Unless you have very good lawyer. At least thats what he was saying.

7sm

 

[cali_tkdbruin]

This topic is an offshoot of the story I've heard that if you're a professional boxer then you have to register your hands/fists as lethal weapons with the police dept...

Oh NOOOO...I'm a BB, am I breaking the law by not being registered???

Hey, well at least I am registered with the US govt. Selective Service....

 

[DAC..florida]

I actually work in Law Enforcement and can tell you that as a martial artist you fall into the category of skilled fighter, it doesnt matter if your a master or a whitebelt any training gives you this title, if your ex military even retired.
There are two basic categories, skilled fighter and not skilled fighter!

 

[Doc]

Originally posted by DAC..florida
I actually work in Law Enforcement and can tell you that as a martial artist you fall into the category of skilled fighter, it doesnt matter if your a master or a whitebelt any training gives you this title, if your ex military even retired.
There are two basic categories, skilled fighter and not skilled fighter!

In California I have never known a Martial Arist to be placed in any special category of "skilled fighter" for purposes of the law. We look at the circumstances and make a decision as in any other idiot on the street. However HOW you use your feet MAY be construed as "assault with a deadly weapon," a felony under P.C. 245 but that applies to anyone.

 

[Zoran]

This is a pretty good read.

 

[WhiteTiger]

Zoran,

Excellent article

 

[LadyDragon]

This post is good to a point. Remember, there is a double standard. Women will not be held in the same category if put in the same situation. Especially if her altercation is against a man and she feels that her life is in danger. Granted, there is still a possibility of using excessive force. But a court would not look at the situation as being the same as a man against another man.

 

[Doc]

Originally posted by LadyDragon
This post is good to a point. Remember, there is a double standard. Women will not be held in the same category if put in the same situation. Especially if her altercation is against a man and she feels that her life is in danger. Granted, there is still a possibility of using excessive force. But a court would not look at the situation as being the same as a man against another man.

You are correct, however I have seen women prosecuted who went "overboard."

 

[KennethKu]

"Registered as a "whatever" " is one of the BULL **** claims made by your no-life con martial crooks.

It was first started by some crook martial artist who advertised that he was soo damn good that he was forced to register as a "deadly weapon". Of course it was pure cow pie.

After the laughs died down, some other small time martial crooks are still trying to use this as fig leaf.

 

[Cruentus]

Originally posted by WhiteTiger
Zoran,

Excellent article

I agree. I also found it interesting that MA instructors could be held liable for sucking, or "negligent instruction" as they pointed out. McDojo's better think twice!