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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 11-12-2007, 07:14 PM
jacobjewler jacobjewler is offline
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Default Provoked Into a Battery in Florida
I was at a party a couple months back and I ended up getting in a confratation with someone. He slapped me and the called me a racial name. I ended up knocking him out and I was told he got a broken jaw. I am worried that im gonna get charged with battery or maybe something worse. I was wondering if that would be considered self defense. I only hit him one time, if that has anything to do with self defense. Also is there anything he can be charged with for slapping me and calling me a racial name??? Or is there a law that your allowed to hit someone for saying racial remarks to someone? Thanks in advance
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Old 11-12-2007, 08:23 PM
aardvarc aardvarc is offline
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Default Re: Provoked Into a Battery in Florida
Self defense is the use of equal or similar force to PREVENT an assault upon yourself - it's not the use of force in retaliation unless additional violence is impending. Not to mention that you generally have to resort to removing yourself FIRST if possible (meaning if you CAN walk away, that's what should have happened). That you used enough force on the return blow to cause unconsciousness doesn't bode well for you. And racial remark or not, you don't get to respond to words, even provoking words, with violence. Depending on the injuries, you could be looking at battery or aggravated battery (how'd you get him with just one blow? if you've had boxing, martial arts experience, etc. that can sometimes serve to up the charge since YOU yourself could be argued to be a weapon). What the other party gets charged with, if anything, won't be up to you. Get yourself to a defense attorney asap.
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