Martial arts and the Law

[FIRE HAWK]

Martial arts and the law how far can one go.For instance i only have one year of Ninjisu training and i use to practice Mauy Thai boxing in my garage.I dont think that this makes me a lethal weapon and i have no martial arts certifacts.So how far does the law apply to someone who is not considered a sifu ,boxer,wrestler,.And how does the law apply to sifus,boxers,wrestlers,what is the law concerning people that are considered lethal weapons how far can they really go in a selfdefense situation.From some of the things i read onthe other post it sounds like the sifus, boxers,wrestlers,are not aloud to do anything to defend them selfs in dangerous life or death situations according to the law,and that the attacker or thug has more wrights than they do if you go by the law,that is nuts.Isnt this one of the resons sifus train in there martial arts to defend themselfs from the thugs,i think the sifus ,boxers ,wrestlers, should have more wrights than the thugs.If the sifus,boxers,wrestlers cant use lethal force to defend themselfs then wyh put all that time and energy into training other than for health reasons.if this is true that the thugs have more rights than the sufus,boxers,wrestlers,than the law is nuts.

[Grays Anatomy]

Though the laws vary from state to state and from town to town there are a few common threads.

In essence - a person can meet force with equal force. If you are attacked by someone (ONE PERSON) with their bare hands you can respond with your bare hands. If they use a stick or club - that is essentially maiming force you can respond in kind. If they pull a knife or a gun - that is deadly force and you can respond in kind.

There are very few (if any) laws that speak about anyone with training in a martial arts.

So what does this mean for us?

It means keep control. Don't tear someones arms off and break their knees if you don't have to. The more training you have the more control you should have. Remember - Sifu status is not recognized by ANY government or law enforcement agency that I know of.

What it will come down to is a lawyer convincing a Jury that because fo your training you did what was necessary and ONLY what was necessary - not more.

p.s. No, I am not a Lawyer. I have just asked the question a lot and looked for an answer.

"Remember, that amateurs built the ark. Professionals built the Titanic."

[Ego_Extrodinaire]

If you become a lethal weapon, you may be banned from leaving your premises.

Maximus Materialize!

[Wah Ren Jie]

When it comes to a martial artist and the law the question is not about being a leathal weapon. There are two factors (one was mentioned) You must meet the attacker with equal force as you are threatened with. The other is the perception of threat. Example, your girlfriend is a little on the heavy side and you're a little on the thin side. You both weigh the same. If she throws a punch at your head and you slip the punch and fire back a punch just as she did and bust her lip, it's not self defense because the law will say the odds of her doing the same type of damage you did if her punch connected is not likely. If you're a trained fighter and your opponent is not, if he fights you with all his might and you easily kick the crap out of him, it's not self defense because he really was no threat. So as a martial artist, get in a simple fight and do some damage, you're likely to be prosecuted more because your weapons (hands, feet, etc) are more developed and therefore you are using more force. Peace.

Got Chi?

[Grays Anatomy]

I'm not sure I agree with you completely. Again, I am not a lawyer but...the example you gave about the girfriend - ok, I'll give you that one but on the street - if someone comes after me - it's self defense. Now, if I find I am kicking his ass and I wind up hurting him unnecessarily (emphasis on the unnecessarily) - then yes - you are correct that I will get sh*t for it. But if I do what I have to do to protect myself and my loved ones - I am not too sure a Judge (or a DA first) will find a reason to prosecute based on previous training.

Just my opinion.

"Remember, that amateurs built the ark. Professionals built the Titanic."

[BIU JI]

Though if this person throws his punch or comes at you quickly are you going to wait to assert whether he is trained or not. You may very well not have time as there are plenty of people who are not trained in any particular system but are "street wise " and can still punch well and/or kick.Though they are not considered "trained".
So what is "trained"? 10 years or less/more in a martial art or a punching bag in the garage with a few lessons from dad?

[Budokan]

Two helpful tips:

1. If attacked and you hurt the other guy, tell the cops "I was afraid for my safety."

2. If attacked and you kill the other guy, tell the cops, "I was afraid for my life."

3. In both cases, don't volunteer info that you know MA. That's for the D.A. to find out, which he will if he's worth his salt.

Don't get me wrong. You'll still be in deep trouble, but these first steps are necessary to any defense you will eventually want to mount.

But please note that both are dependent upon your being attacked first. Otherwise, like any good MA, you should try and walk away or avoid the confrontation.

K. Mark Hoover

[Jimbo]

Budokan makes excellent points.

One thing I would point out is that, although probably created with good intentions, the laws regarding self-defense are extremely naive. The lawmakers assume that a street attack is some kind of contest where the force you use is dependent on your "opponent" being at least of equal size and ability.

IMO, this is very stupid. You cannot judge an attacker based on his/her physical appearance. Also, most likely they will have help, and will be packing some type of weapon. A 120-pound person on drugs or even having a manic episode can often take several large men to physically subdue. An attacker doesn't have to look like The Rock to be a threat.

That said, it's always best to walk or get away if possible. If you can't the advice by Budokan is right on the money.
Jim

[GreyMystik]

one thing i read once that completely made sense to me is, if you have already had the physical confrontation and the police show up, do NOT take a statement. wait until you are thinking clearly. all the adrenaline and other things in your system from a confrontation can (and does!) cloud your judgement. if anything, what budokan said would be pretty much the limit of what i would state. the idea is to get the law to see it from the perspective of someone who did not want to fight, did what they could to avoid the fight, and responded only with what force was necessary to end the fight with minimal damage required.