Saturday, October 31, 2009

A 16 or 17 yrs. old minor starts a fight with an 18 yrs. old can the 18 yrs old fight back without jail time?

if a minor starts a fight with someone 18 or older and the minor throws the first punch does the 18 year old have the right to defend himself without worry of jail time??
Answer:
Depending on the exact situation, there is no such law that comes down on adults for fighting with minors. Now the fact that this minor is so close to age 18 makes a big difference compared to an adult defending themselves against a 9 year old (given that they don't have a weapon). But there's lots of specifics that would need to be addressed in the given situation. Every person has the right to defend themselves, but just because the minor throws the first punch doesn't mean that he instigated the fight. You can strike first in a fight if you feel that a fight is inevitable. Remember that there are plenty of actions that take place before an altercation that ultimately decide whether or not a fight will take place. So be careful what you say and what you do, regardless if you're the minor or the adult.
You can always defend yourself with force equal to the threat. Proving who started it could be a problem though, especially if you're both drunk, in the dark, and you don't make an attempt to get away. Likely both parties will be charged and the adult will get it worse.
if defender uses commensurate force,not excessive force,,yes,,,,if hes down and you keep pounding him,,,,you're using excessive force
well i would think it would be considered self defense if the minor started the fight so if the minor starts it then the 18 year old hits back in self defense then i think it would be ok as long as the 18 year old doesn't do anything major like shoot the minor or something you know?
You can always defend yourself, no matter what the age of the other person. However, you will both probably end up in court pleading your case. Make sure you have credible witnesses to back up your claim and a good attorney. AND don't mouth off to the law enforcement officials (they get kinda cranky). Also, be respectful to the judge.
18 is still considered adult age whenit comes to certain things, but the when it comes to crime and defense th age is now 16 first of all. Second, If you are hit first and then you hit back this is considered defending yourself. I was taught and have taught my children put your hands to the side or behind your back let them hit first then do what ever it takes to defend yourself. Who ever takes the first swing is the one who pays the price!!
First of all no matter what...there needs to be a credible witness for the 18yr old. The police will not take kids on their word. That being said, if the younger one has hit the 18 yr old I think he does have the right to defend himself. It also depends on where you are from. For awhile in my state, it was only self defense after three hits from the other person. That has since been changed. I don't know about you, but I can do a little damage in three hits....The BEST answer for this question would be to go to the authorities. That is the only true way to assure that the older boy doesn't get in trouble.
Yeah, as ling as he doesnt continue to fight after the threat is over. Also, if there are means to leave, that avenue must be taken first. But there are plenty of 15year olds that are 6'2" and 270 pounds...But if you're much bigger, that may be a different story.

17 comments:

  1. This comment has been removed by the author.

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  2. Even if there is a law that prohibits an adult to hit a minor, there is no such law that you cannot splash liquids on them. Lol!

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  3. I will defend myself against anyone who hits me with brutal force whether its a kid or an adult. That's the bottom line.

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  4. OK so I was up at a Mr. Hero's across the street from my school waiting for my ride i asked my cousin for. Favor but I recently got kicked out so she was telling my mom the stuff I was doing so I told her screw you and I don't need so she came up to the Mr. Hero's I was at and smacked me but I didn't hit her back cause she was a minor so idk what to do

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  5. Alright This 13 year old trying fight me and I'm 18 and she coming to my house can I fight back if she hit's me???? But will I go to jail if I wasn't trying to fight her ?

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    1. I dont think so as she is invading your area. You are trying to defend your area. And 13 years old and 18 years old is not that age gap different so it certainly would be fine if you fight her back to safe your area. The police only come only if you killed her which I know you wouldn't be doing it.

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  6. Well I think it's all depends on the situation and capacity. Say if a kids had hurt you and you hurt them back, I say it is consider as self defense but it just generally it's not right but that doesn't mean you go to jail unless you murder that kids. And I say it depends on your physical size, the kids physical smaller size and in what situation you are in. And it depends on your capacity e.g if that adult has special need and is bullied by the kids and he hit the kids back, usually that man would get away with it as it is consider as self defense and this man is disabled and cant control his temper. So I say it depends on where you are. If that was happened in the city, the police will take action and listen to the child first but if that was in an area where less people are around, then the adult is likely get away with it.

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  7. If you are 13 and an 18 yr old is defending his friend in 9th grade when the 13 6r old didnt even touch the 18 yr old will the 18 yr old go to jail for hitting a minor when it's not out of defense for himself

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  8. 16 year old under heavy threat from 18 year old (high possibility of 18 year old hitting first) Advice?

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  9. A 18 year old adult beats up a 13 year old at the skate park today because the 13 yr old cussed the 18 year old out for throwing his brand new scooter across the skate park after the 18 year old lost at a game of scoot and acted like a little baby with no life..the 13 year old takes a swing at him but misses but Then the 18 year old proceeds to slam the 13 yr olds forehead into the ground and then follows through with taking his foot and kicking his face into the cement all while threatening to have his younger brother come beat his ass. Then the police dept let’s the 18 year old leave so he can be on time to his drug/alcohol rehab class. ARE YOU FREAKING KIDDING ME???????? WTF?????? Last time I checked his ass should be in jail....and they called the paramedics to check on the kid but they themselves-the police never to took one picture of his his swollen beat to hell face..again WTF....furthermore the cops were threatening the 13 yr old he could go to juvenile hall for disorderly conduct...um excuse the hell out of me???? An adult beats up a kid and the kids in trouble....I think not...literally on what planet?? So I....working at a school lose my shit because a student is cussing me out so I decide to slam their head on the pavement and then kick it too and that’s OK?????? Should charges be pressed or not???

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    1. Yes charge the 18 year old with assault and pay the Dr bill.plus pain and suffering.get a lawyer

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  10. Im 18 and this girl is 17 but we still in high school if we fight can I go to jail over her trying to fight me

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  11. Thank you for The great information.

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