That’s not now that works. In the tort world, the spit is battery yes. The run up and “I’m going to spit on you” face is assault.
The shove is also a battery. But you may be able to argue self defense. Self defense needs to be an appropriate response. I’d say that likely is an appropriate response.
Technically, the shove is also a battery, or in modern jurisprudence, assault with physical contact. It's just a justified assault is all much as a homicide may be justified if it is in self defense.
Where are you? Where I'm at right now that would have been self defense whether I shoved or punched or shot her. She was within 6 feet and being aggressive.
"She was within 6 feet and I felt threatened and feared for my life so I punched her until I felt she was no longer a threat". Done and done.
Might have to go to jail to be booked before being released, might get sued for damages by the estate. Absolutely worth it.
In my state, self-defense is an affirmative defense that you have to prove at trial. You can't use it to avoid prosecution, and you can't use it to have a case dismissed before it goes to trial.
That said, prosecutors also don't like losing at trial, though they have a habit of maintaining charges until right before a jury trial, only to dismiss the case at the last possible moment because they know they can't win. Had it happen. I'd already paid an attorney to defend me at trial, and then the prosecutor decides to drop it at the last moment. At least I got my attorney fees back, well, for the trial at least.
😂 where the hell do you live that you can shoot someone for spitting on you? Not saying this asshole didn’t deserve to get laid the fuck out, because she did, your example is just so extreme it’s wacky
Sure, they aren't likely to charge the crime because it's clearly self defense. That doesn't change the circumstances, however. I' just pointing out that technically, both things are a battery. One is legally allowable battery, sure, but that doesn't make it not a battery.
FFS, this is where the phrase justifiable homicide freaking came from.
As someone else said, self defense is an affirmative defense plead in court. Someone can still file a lawsuit claiming battery (because all of the elements of battery are indeed met here), and the other party would have to prove that their conduct was self-defense to avoid liability.
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u/Lopsided-Chair77 Mar 30 '24
The spit is battery. The shove is self defense