self defense law

[DuYiZhang]

http://www.youtube.com/watch?v=c6qHsUmKWks since it's in context somehow, I figure as a bit of humor I'de past that there, check around 5:45 to 5:54. Enjoy, it's about how a fight can become assault and battery.

[Walter Joyce]

http://www.youtube.com/watch?v=c6qHsUmKWks since it's in context somehow, I figure as a bit of humor I'de past that there, check around 5:45 to 5:54. Enjoy, it's about how a fight can become assault and battery.

In most states, unless the fight is sanctioned and licensed it is assault and battery for both participants.

[Walter Joyce]

http://www.youtube.com/watch?v=c6qHsUmKWks since it's in context somehow, I figure as a bit of humor I'de past that there, check around 5:45 to 5:54. Enjoy, it's about how a fight can become assault and battery.

I am not trying to single you out, or anyone else for that matter, but there seems to be a trend on the board that expresses the need to bring humor into every discussion. Even as I type this I think "oh Christ Walter, don't be such a curmudgeon!" but sometimes I feel that too much focus on keeping things light derails good threads, and is more appropriate for Off Topic and BTDT.

OK, I'll shut up now.

[MikeC]

Hey Walt, shut up....

j/k

[Walter Joyce]

Hey Walt, shut up....

j/k

[Brian L. Kennedy]

I agree with Walter on this. If the owners/mods of this site expect people to continue to post well thought out posts they need to fix the dumb ass humor and the nonsense of people just posting what amounts to idle chatter, and the general disrespect. For example I could have turned my two posts into a paying article. I did not. I took the time to put them here basically to say "thanks" to Fong for some good advice I got from him.

But as I see it this forum is going to quickly devolve into just nonsense chatter. Which is fine, how people want to run their forums is for them to decide. But put simply trying to mix talk radio ("oh, hey yeah man, I really agree with that last caller, yeah cool man....) with Mad Magazine and also trying to have serious discussions of the technical side of CMA-------it does not work.

Complete freedom of speech (any dipshit being at liberty to say anything that comes in their head) and quality can not co-exist on a forum. And I have been looking around martial arts forums for a bit over ten years now. There are some few martial arts forums and private I guess you call them "lists" that have a very high quality of technical discussion. But what marks them out is two things. Everyone who talks has a real name and a real proven expertise in some area and the know nothing chatterboxes are told to keep quiet, read, learn or be banned.....forever.

take care,
Brian

[Walter Joyce]

Everyone who talks has a real name and a real proven expertise in some area and the know nothing chatterboxes are told to keep quiet, read, learn or be banned.....forever.

take care,
Brian

Say what you will, but I have always believed that when you post with your real name you are less likely to post drek.

[DeusTrismegistus]

For the most part I think humor should be kept to its own threads. However I think sometimes a Joke can help get a point across.

[TaoBoxer]

I certainly appreciate the insight and experience of the people here who offer it up. I'm not opposed to a little humor as long as it's relevent, but not everyone is able to identify that line.

Don't hold back b/c some people are tools. Tools will always be tools. The rest of us are still lsitening.

Lewitt

[strawdog]

IMO, it's generally a big waste of time to write something of substance in any forum where any knuckle head can snipe at you from the comfort of his keyboard.

Self defense and the law is a subject not to be taken lightly. There's a time and place for humor. Go to the off topic section if you feel like cracking a joke. All you deadly fighters kung fu fighters ought to be paying attention to people with expertise in the law.

Good luck when the law crashes down on your head should you ever use "skills" and actually hurt someone. This is the topic where people should be asking questions and citing cases where the use of force was ever justified.

[bruce]

GEORGIA CODE
Copyright 2007 by The State of Georgia
All rights reserved.

*** Current through the 2007 Regular Session ***

TITLE 16. CRIMES AND OFFENSES
CHAPTER 3. DEFENSES TO CRIMINAL PROSECUTIONS
ARTICLE 2. JUSTIFICATION AND EXCUSE

O.C.G.A. § 16-3-24 (2007)

§ 16-3-24. Use of force in defense of property other than a habitation


(a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:

(1) Lawfully in his possession;

(2) Lawfully in the possession of a member of his immediate family; or

(3) Belonging to a person whose property he has a legal duty to protect.

(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

HISTORY: Code 1933, § 26-904, enacted by Ga. L. 1968, p. 1249, § 1.

[bruce]

GEORGIA CODE
Copyright 2007 by The State of Georgia
All rights reserved.

*** Current through the 2007 Regular Session ***

TITLE 16. CRIMES AND OFFENSES
CHAPTER 3. DEFENSES TO CRIMINAL PROSECUTIONS
ARTICLE 2. JUSTIFICATION AND EXCUSE

O.C.G.A. § 16-3-23.1 (2007)

§ 16-3-23.1. No duty to retreat prior to use of force in self-defense


A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.

HISTORY: Code 1981, § 16-3-23.1, enacted by Ga. L. 2006, p. 477, § 1/SB 396.

[bruce]

GEORGIA CODE
Copyright 2007 by The State of Georgia
All rights reserved.

*** Current through the 2007 Regular Session ***

TITLE 16. CRIMES AND OFFENSES
CHAPTER 3. DEFENSES TO CRIMINAL PROSECUTIONS
ARTICLE 2. JUSTIFICATION AND EXCUSE

O.C.G.A. § 16-3-21 (2007)

§ 16-3-21. Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution


(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:

(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;

(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or

(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.

(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.

(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant's reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:

(1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and

(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert's opinion.

HISTORY: Laws 1833, Cobb's 1851 Digest, p. 785; Code 1863, § 4230; Code 1868, § 4267; Code 1873, § 4333; Code 1882, § 4333; Penal Code 1895, § 73; Penal Code 1910, § 73; Code 1933, § 26-1014; Code 1933, § 26-902, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1975, p. 1209, § 1; Ga. L. 1993, p. 1716, § 2; Ga. L. 2001, p. 1247, § 1.

[bruce]

i think it is very important for people to understand their legal rights to defend their property and their person. above are a few of the laws in ga where i live.
use of a weapon seems can be a mistake ... i was trying to figure out what the law says about defending yourself from a minor such as a 17 year old street thug drug dealer who might attack or rob you.

[bruce]

brian and walter,

thank you for your contributions to this topic.