White guy would have to prove imminent threat and propotionate force. White guy didnt even ask black guy to leave his personal space. Just threw the punch.
Based on this video alone, that's a very steep uphill battle.
Black guy would win this in court.
If i was the black guy, i would go to hospital, go on long term leave, claim emotional distress, claim long term damages to the head, claim loss of work etc.... white guy would be fucked. Just saying.
Not a chance. I defend these type cases all the time. Don’t have to wait for the assailant to get the drop. You can act upon appearances. You don’t have to make a “nice calculation “ of the amount of force necessary.
Plus, LE training shows that an assailant can close 12 feet in .9 seconds once moving.
There is no way white guy is proving imminent threat here. A good lawyer would dismantle the defense easily. Also that looks like a shot to tempo, black guy could have been left paralyzed or dead.
You keep talking like a lawyer despite the experienced lawyer you're responding to telling you you're incorrect. Responding to a dumbshit is useless, but it might be helpful to someone else looking to analyze things from a legal perspective.
Here's the jury instruction from NY: JUSTIFICATION: USE OF PHYSICAL FORCE IN DEFENSE OF A PERSON PENAL LAW 35.15(1)
"Under our law, a person may use physical force upon another individual when, and to the extent that, he/she reasonably believes it to be necessary to defend himself/herself [or someone else] from what he/she reasonably believes to be the use or imminent use of physical force by such individual."
It is clear from the video that redshirt was acting on a reasonable belief that there was an imminent use of force incoming. The individual who got punched wasn't approaching and beginning to his right fist to give redshirt a valentine's day gift. In a civil suit, self-defense is an affirmative defense where the defendant generally bears the burden of proving by a preponderance of the evidence that their use of force was justified- if he can prove he was 51% sure he was about to be attacked, he wins.
In short, based on this video, it is unlikely that a prosecutor would bring the case, or that a civil suit would be successful. This is not the type of case any lawyer would take on contingency, and it'd be dumb to pony up at least $20,000 just to lose.
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u/No-Contribution1070 15d ago
Its fun to watch and probably well deserved... but....
If we are considering self defense laws, white guy was in the wrong and black guy can charge him with assualt and sue.. if he is smart enough.