Social Question

Hypocrisy_Central's avatar

[NSFW?] Action, and reaction, would any of it cause legal action?

Asked by Hypocrisy_Central (26829points) December 13th, 2011

[Warning video might be disturbing to some] If a bully unwittingly picks on, and or attacks the wrong mark and gets owned, as in this clip here, [If you are kind of squeamish, don’t view!] and suffers something serious because of it, like a busted spleen, skull fracture, compound broken something, crushed vertebrae, etc, could the mark be brought up on charges or at least his parents sued? In California there was an obscure law, don’t know it is has been changed or not, that said if you used more force than it took to stop an attack, you could be prosecuted for assault. Could the mark, who happen to be much bigger than the bully, be seen as using excessive force for body slamming the bully on concrete? I know what I think of it, but I will not say as to not influence anyone’s opinion.

[The bully luckily got off easy this time around, as bad as it looked]

Observing members: 0 Composing members: 0

4 Answers

MrItty's avatar

I don’t think you’re asking the question you actually mean to ask. Could he be charged? Yes, of course he could. Anyone can be charged, for damn near anything, if there’s even the remotest possibility that something illegal happened. I think what you mean to ask is “could the charges stick?” – in other words, would he be found guilty of assault? The answer to that is obviously dependent upon the circumstances, how good your lawyer is, and how sympathetic the jury turned out to be.

Ron_C's avatar

Good for the big guy. He took several slams to the face and tried to talk the little creep out of danger. The body slam was a good shot and I hope the little pest learned a lesson and hope he hurts for a good long time.

mazingerz88's avatar

Clearly self-defense. That mean bully was just warming up. And he wasn’t that small and almost as tall as the bigger kid. I hate to think that bully walked away thinking next time, he’ll pick on smaller victims. Those were solid hits he made. I hate that shit.

Hypocrisy_Central's avatar

@MrItty I think what you mean to ask is “could the charges stick?” – in other words, would he be found guilty of assault? The charges can’t stick if there is no trial. I don’t know how they treat an incident like that in Australia, but here in California it might have been murky. Depending on who the DA was, and if it were an election year, if the bully had been seriously hurt, broken back, neck, arm, etc the vic might have been charged. The ideal is given his size, he could have just put the bully in a headlock and punched him a few times to give the bully the idea he better move on to easier pickings. He could have wrestled the skinny bully to the ground incapacitating him. They might try to paint a full on body slam on concrete as gratuitous payback of pain. I am sure he was angry and just tried to have some peace.

Sure, if there were any sort of trial, yeah, it has a chance of sticking, even with the video evidence. He might have had even less defense if it were a civil trial and his parents got sued on his behalf, especially here in California. If the bully landed on his neck, and it broke and he died, it would be ratcheted up.

Answer this question

Login

or

Join

to answer.
Your answer will be saved while you login or join.

Have a question? Ask Fluther!

What do you know more about?
or
Knowledge Networking @ Fluther