canesplaymaker
Senior
- Joined
- Jul 2, 2014
- Messages
- 4,805
People who get into fights are really dumb.
"This issue frequently arises in cases where two people engage in a fight, or “mutual combat.” In Florida, ‘mutual combat’ is a recognized battery defense predicated upon both parties assenting to a physical altercation and therefore consenting to be touched as an understood consequence of that altercation. Both parties must be at fault, and the defendant must not be the primary aggressor or initiate the fight. Eiland v. State, 112 So. 2d 415 (Fla. 2d DCA 1959); A.L. v. State, 790 So.2d 1149 (Fla. 2d DCA 2001)."Looks like Mutual Combat to me.
"This issue frequently arises in cases where two people engage in a fight, or “mutual combat.” In Florida, ‘mutual combat’ is a recognized battery defense predicated upon both parties assenting to a physical altercation and therefore consenting to be touched as an understood consequence of that altercation. Both parties must be at fault, and the defendant must not be the primary aggressor or initiate the fight. Eiland v. State, 112 So. 2d 415 (Fla. 2d DCA 1959); A.L. v. State, 790 So.2d 1149 (Fla. 2d DCA 2001)."
From: https://www.husseinandwebber.com/crimes/violent-crimes/simple-battery/
Yeah, I dont know about that. Theres one guy being the aggressor here.
Yeah, kinda. If he got charged with simple assault only, I can see why they decided this way.View attachment 149506
@Hogan - Check out this still frame from the video. Both dude are in mid-punch, throwing a haymaker at each other. That sure looks like Mutual Combat, no?
Looks like 2 dudes squaring up to me. As soon as these cats raise their hands and get into a combat stance, which they both did, it's go time. Play stupid games. get stupid prizes.
Go Canes!!!!
As I've always been told..."This issue frequently arises in cases where two people engage in a fight, or “mutual combat.” In Florida, ‘mutual combat’ is a recognized battery defense predicated upon both parties assenting to a physical altercation and therefore consenting to be touched as an understood consequence of that altercation. Both parties must be at fault, and the defendant must not be the primary aggressor or initiate the fight. Eiland v. State, 112 So. 2d 415 (Fla. 2d DCA 1959); A.L. v. State, 790 So.2d 1149 (Fla. 2d DCA 2001)."
From: https://www.husseinandwebber.com/crimes/violent-crimes/simple-battery/
Yeah, I dont know about that. Theres one guy being the aggressor here.
Ouch.I prosecuted a murder case 20 years ago where person A kicked person B in the head (round house kick). Person B left his feet and hit head first on the pavement and died. Person A is serving a life sentence.
**** isn’t worth it.
Assault is the threat of harm, or the reasonable apprehension of harm by the alleged victimAs I've always been told...
The very act of an able bodied male (possesses reasonable capability), in Florida, making aggressive verbal/physical actions is assault. Laying hands upon adds battery.
Once you get to assault phase... bad things happen its on you...
Someone who is a competent attorney please correct me if I've spoken out of turn... would appreciate the knowledge if I'm off base...
Somewhat similar (more extreme) with merely brandishing a gun. You pull that smoke wagon like Mr Movie Bad *** (hint: people who do aren't), the law says the other party can pull theirs and engage you with kinetics (fancy term for shoot yoir dumb aşş).
Person A was the aggressor. It was a Halloween party and person A and his friends were “crashing” the party.Ouch.
Person A was the sole aggressor?
Its all fun and games until judge pounds that gavel isn't it?