Are you saying the kid on the ground who was being kicked in the head had a duty to retreat? |
I am pretty sure that the investigation is going to result in some BCC students being charged with assault - at least based on what I've read and been told - and they should be! |
In Maryland I think it might also qualify under the charge of "affray" a common law offense of "the fighting of two or more persons in some public place to the terror of the people." |
The lawyers (or wannabe lawyers) posting anonymously on DCUM just HAVE to get their technicality rocks off. |
No PP is wrong. Source: I went many fights where both halves went to jail. |
The laws in fighting are on topic, boxers were mentioned in the thread and I clarified the law. |
"It is possible for two people to have committed an assault on each other by fighting and injuring each other. Potentially they both could be charged with an assault. The state could let them both invoke their Fifth Amendment privilege not to testify. They could also decide to do some further investigation and determine which person was the aggressor and pursue that person only.
If an individual caused any serious harm that permanently injured the other person, they can be charged with a felony offense, especially if the injuries require surgery to fix. This kind of charge means someone could end up doing jail time or prison time. Assault cases run the gamut from the least serious, basically the unlawful touching, to the most serious of someone permanently injured." |
What I said was that once the boy was on the ground being kicked in the head the police could possibly find that the fight moved into assault once he hit the ground. Again, that depends. We don't know what the boy did before he was attacked. That might change the police's viewpoint. If a person is trying to assault or rape you and you are defending yourself, you could argue that you thought if he got up the assault against you could continue and you are protecting yourself from bodily harm. |
I'm pretty sure BCC students AND WJ students will be charged with assault, and disorderly conduct. it will be simple assault. The WJ parents will get an expensive lawyer and it will eventually go away since they are minors. |
Except, according to people who witnessed this, the BCC students attacked the WJ students. |
Eyewitness testimony is the least reliable “evidence “. Add that teens lie, add that it was dark, add that nobody saw everything. Add that you sound like you know WJ people. |
Does anyone know if any of these people have been identified yet? |
Even if they have, they will only be ID'd to the police and not the general public since they're minors. |
The prior “if you lose the fight don’t complain” poster sounds unhinged. That’s your take away from this? This wasn’t some sort of organized boxing match, you don’t have a legal right to agree to punch random people in public, sorry.
Even if your dubious exceptions to assault applied here, you can still get charged for disorderly conduct and get expelled from school. I hope you aren’t a parent. |