MA and jail

DeeLovesKarate · Orange Belt

I've heard that using what I know as self defense brings up a legal issue that may put me in jail. How does this work? Anyone have any details on martial arts and the law?
Thanks in advance,
Dee

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Dee C.
Normal ( 'nor-m&l)-
an adj. used by humans to stereotype

monkeygirl · KF VIP

Just make sure that if you're in a situation where you need to defend yourself, you go only as far as you need to.
If you kill the person or disable them for life when the situation was not LIFE THREATENING, you might be able to go to jail. I'm not sure, but it's good to be safe.

Especially since you're a martial artist, they have some bias against you. However, since you're a woman (...right? forgive me if I'm wrong), they will take it a bit easier.
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1st dan & Asst. Instructor TKD 2000-2003

No matter the tune...if you can rock it, rock it hard.

Red J · Black Belt

I just talked to a prosecutor who trains with me about this. He said that if you defend yourself against an attacker you need to use reasonable force to overcome that person. In essence, you cannot use deadly force to overcome a non-deadly attack. He also said when you have overcome the situation, you have a duty to stop. Deadly force can be used only to defend against deadly force. He seemed to indicate that there is a lot of gray areas and extenuating circumstances to consider.

My take was that if someone punched you, you can knock them on their can, but you probably don't want to pound them to the point where they would be in the hospital for a few weeks. If someone tries to take your watch, you can defend yourself with an arm bar takedown, but you shouldn't break their arm, ribs, jaw, and rip their eyes out. Not only could you face criminal prosecution but you could also be sued civilly by the attacker. If you are in a situation where a reasonable person would be afraid for their life, then deadly force is defendable.

With you being a martial artist, it doesn't take your rights away to defend yourself. However, if you do cross the line someone could argue that you are trained and should know better. I believe that the person who is properly trained would be able to control themselves in extreme situations, better than a person with no MA training, because of the nature of MA training. Let's hope we never have to see that day.

monkeygirl · KF VIP

amen!
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1st dan & Asst. Instructor TKD 2000-2003

No matter the tune...if you can rock it, rock it hard.

ramymensa · Black Belt

A serious problem, but I guess it's all about reasonable force. If you are unlicky the bas...d might sue you although he was the attacker.

Control is the key, but how could someone be calm while in the middle of a conflict and under that adrenaline rush

In the end it comes to prevention: avoid "weird" areas, try to stay aware and ... some luck would be good

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World Shotokan Karate

Bon · Black Belt

::edit::
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There are always two choices, two paths to take. One is easy. And its only reward is that it's easy.

DeeLovesKarate · Orange Belt

Thanks to all of you. I had seen an ad that told me that some blackbelt got thrown in jail for using karate and "it could happen to you!" so I thought I'd check it out.
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Dee C.
Normal ( 'nor-m&l)-
an adj. used by humans to stereotype

amp · Yellow Belt

As long as you only do what you have to in order to end it without going psycho you'll probably be okay. If you start it or if you break half the bones in someone's body, you probably deserve jail time anyway. You have to remember that if you're training three times a week in self defense you already most likely have an edge. Abusing good training by pulverizing someone into a bloody, broken puddle of human fluids and flesh is probably not a good idea.
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Know thyself.

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