Uechi-Ryu.com

Discussion Area
It is currently Sat Apr 19, 2014 4:24 am

All times are UTC




Post new topic Reply to topic  [ 4 posts ] 
Author Message
PostPosted: Thu Apr 17, 2003 3:59 pm 
Offline

Joined: Thu Apr 17, 2003 3:56 pm
Posts: 3
Location: NY
If I'm 16 and am attacked by someone who is 18 (in the state of New York), am I subject to any legal problems? Or would it just be the person over 18, or would they at all?

I believe 16 is a minor in New York state.

_________________
Dreamin of that face again.


Top
 Profile  
 
 Post subject:
PostPosted: Wed Apr 23, 2003 1:45 pm 
Offline

Joined: Tue May 22, 2001 6:01 am
Posts: 284
Location: Mansfield, MA USA
Geeno:

Unless you are talking about a sexual assault (or even consensual sex) the age of the attacker is irrelevant. There is no right to assault a person based on age. (Although assault on an elderly victim carries a higher sentence in many states.) Also, the right to self defense is not age dependant. A person may do what is reasonable to defend themselves from being assaulted. Exactly what is reasonable depends on the circumstances. The comparitive age and size of the people involved are facts that are considered in determining whether a self defense claim is reasonable.

Sincerely,
Norm Abrahamson


Top
 Profile  
 
 Post subject:
PostPosted: Thu Sep 25, 2003 5:22 pm 
Offline

Joined: Wed Sep 17, 2003 1:37 am
Posts: 79
Location: oklahoma
Is that also true if I being 27 yrs old was attacked by two good sized 17 yr old and I punched on breaking his jaw then the other was kicked in the stomach breaking his rib. Would I be charged for beating two minors?

_________________
Email me at Lookingglassk@yahoo.com for questions or comments.


Top
 Profile  
 
 Post subject:
PostPosted: Fri Sep 26, 2003 4:07 pm 
Offline

Joined: Mon Nov 20, 2000 6:01 am
Posts: 493
Location: Framingham, MA USA
Lookingglass,

What attorney Abramson was quite correct; you have stated, quote:

Is that also true if I being 27 yrs old was attacked by two good sized 17 yr old and I punched on breaking his jaw then the other was kicked in the stomach breaking his rib. Would I be charged for beating two minors?
_________________
I can only answer form the facts that you supply.

In your scenario, if you were the victim of an attack, not provoked by you, you have the right to defend yourself using such force as is reasonable and necessary under the circumstances.

If a disinterested witness viewed the attack, he/she/they would report what happened in detail.

Where were you when attacked.

What were you doing at that time.

What was the sequence of the assailants at the time, meaning: Were you jumped and if so how? By both at once or singly.

How exactly did you subdue the attackers; was the punch you delivered a single one. The same for the broken ribs.

In other words, if all you did was reasonable to protect yourself, without giving punishment after they were defeated, you should be protected by the laws of self-defense. You mentioned that they were good sized and in that case, their age made no difference.

You did ask if you could be charged. Assuming that there were no witnesses on the scene you could be charged with assault and battery.

In that case, unless viewed by witnesses in your favor, the police at the scene would make the determination as to whether or not to charge you assuming the assailants lied and said you were the attacker or if the parents of the attackers filed a complaint, you might have a hearing whereby it would be determined if a complaint would issue and you could file a complaint against them.

My point is that upon your given facts you would be justified. On the street, punks like that lie and try to get phony witnesses. The reason that I say all this is because your question was whether or not you could be charged, which is quite different than if your question only related to whether or not you qualified to assert self defense.



Alan K

_________________
"The Goddess of Justice is Blind"


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group