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What can I use as a defense against assault causing bodily harm?
I have a mocktrial and the guy is charged with assault causing bodily harm. Bernie plays hockey and he was about to get into a fight with another player on the other team but the linesmen broke up the fight and was taking Bernie to the penalty box because it was a no contact hockey game. Bernie was very mad and he was trying to break free from the linesmen, and in that action, Bernie hit Tony (another player from the other team) and Tony fell on the ice causing him to be knocked out and spent 30 days in the hospital and two cuts over and uder his eye. Some say that Bernie hit Tony and others say that he accidentally hit him while he was trying to break free from the linesmen. What can I use as defense? Can I say that it was the heat of the moment? Is an honest mistake a defense in this situation?
Thanks!
Tony hasnt skated in 5 years but before that he was a hockey player. Also, when Bernie and the other player were about to fight everyone started to get off the ice because the play had stopped and they left to get some water, Tony then took this chanceto stand in center ice to wave at his friends but he didnt wanna seem like an amateur so he was leaning on his hockey stick and waving... then the whole Bernie hitting him thing happened? Could I use these facts as defense?
4 Answers
- ?Lv 76 years agoFavorite Answer
The first thing to examine is any contract or waiver signed prior to the game releasing anyone from damages... I coached a little boy softball team last year. All of the parents had to sign such a waiver . softball is a non contact sport but face facts spoftballs hit eyeballs a lot and there is a acceptable implied risk in any sport. You can try a accidental damage under that waiver but this heat of the moment crap won't hold water.
Was Tony's gear in place ? How hard did he hit the ice to warrant a thirty day stint in he hospital? I got shot in the face (with a gun) I was in the hospital for three days)...was he in a coma? Was the coma caused by something else and perhaps triggered by the fall. Did Tony's attorney fenagle a doctor to facilitate a larger settlement ? Did he have any pre existing conditions which might cause this much trauma ? And again did he have his protective gear on and if so did it break on impact (if so that's another lawsuit)
- ?Lv 76 years ago
Well the assault on Tony might be defended on it was an accident, but watch for the Prosecution to counter that with the idea that he was looking to bring an assault and it was just put on a different target. Not saying they will be successful, trying to tell you the best counter-point. On a side note how the heck did hit him so hard? Ok he is being detained by a linesman but is swinging wild or something, hits a guy and knocks him out and puts him in the hospital for 30 days? Was this other player not even wearing a helmet either? I've watched the NHL for years and players rarely get knocked out in a fight, and that is two guys going at each other.
- 5 years ago
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- MarieLv 45 years ago
Self defense legislation varies from state to state especially in the states with the 'stand your ground' legislation. Normal legislation asserts that all individuals have a right to defend a violent act if it was in the protection of their property, family, neighbors or themselves when they have used a reasonable level of force for that protection. The stand your ground states reword the reasonable to 'what the individual considers was reasonable'. In other words if you believed it was reasonable to shoot a person breaking into your house then you have a right to defend that. What you have pasted into your question is an opinion not actual legislation. The opinion is contradictory to what the stand your ground states assert. The grey area in self defense is the word reasonable and the interpretation of what is reasonable. If you are ever criminally charged you can only be charged under legislation and the crime you are accused of must be proven against the wording of that legislation. Opinions of right and wrong do not come into it until sentencing. Some exerts from my local state legislation that define it better '6. A person may, pursuant to the ensuing provisions of this article, use physical force upon another person in self-defense or defense of a third person, or in defense of premises, or in order to prevent larceny of or criminal mischief to property, or in order to effect an arrest or prevent an escape from custody. Whenever a person is authorized by any such provision to use deadly physical force in any given circumstance, nothing contained in any other such provision may be deemed to negate or qualify such authorization. -' You will notice that there is no mention of how much force or what type of force. There is also no mention of what the person is doing to make you defend yourself. That is all down to the common law basis of acting reasonably.