Reply to WJ/BCC Fight - No racism please!

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]A WJ parent took their kid to the police station and reported it as an assault.

Police will need to do an investigation to determine if it was an assault or a fight.

You will need to wait for facts.

A police report is not facts, it is a report written when people are interviewed. People can lie in the interview. 
A police investigation is usually based on facts (though something they are wrong too).

Kid comes home beaten up and he told his parents, "I was assaulted", it might be the truth or he lied because he didn't want to admit he was in a fight (and lost).[/quote]

? Assault is assault regardless of whether it was in the middle of several people fighting or not. If you're hit by someone, it's assault. You can call police and press charges. They will determine if you also threw punches, and whether you started it, or whether you exercised reasonable self-defence.
[/quote]

That is not how the laws are written.

[b]Fighting is actually legal. You have the legal right to fight someone else if you choose. If you choose to be in a fight you can't claim assault.[/b]

You might be able to argue once somebody is on the ground and being kicked the fight has now turned into an assault.

Just let your children know, if they agree to be in a fight, they can't turn around after they lose a fight and claim assault. [/quote]

LOL WHAT?[/quote]

NP - I'm not sure why you're laughing, the PP is right.  If groups of students met up to fight, there's noting illegal about that (though it's idiotic).  It's not at all clear that is what happened here, though.  [/quote]

What evidence of this agreement to fight would exist to substantiate that both parties were mutually agreeing to a fight? It's not like we have a written contract to go off of.

And further more, how can minors who can't consent to so many things be capable of committing to an agreement of engaging in violent activity with one another?
That is not how the laws are written. [/quote]

That is what the police will need to do in their investigation. Nobody is saying it was a fight, what was said is that we need to wait until the police investigation is complete to determine if it was a fight vs an assault.

Minors can consent to sex (with each other) and they can consent to fights.

It is how the laws are written. [/quote]

To continue with your hypothetical, even IF they did both agree to the fight, I'm pretty sure there are laws and ordinances about fighting in public places.

So yeah, maybe minors can fight in the privacy of their homes, but I'm pretty sure there's county law about fighting on the streets. Same way you can be naked in your house, but public nudity is prohibited.[/quote]

It's not hypothetical, there are many case laws about this, you can google them.

A police officer may determine that it is "disorderly conduct" or "they are blocking a street" and stop the fight, but if the fight does not interfere with the public the police have no obligation to get involved. [/quote]

Yes, disorderly conduct is the charge I was thinking of. And I don't think a bunch of teenagers fighting in the street as was the case here, especially since the police received calls about the street violence as it was unfolding, would be that hard to prove.[/quote]

It will be easy to prove disorderly conduct. But assault might be harder. Each person would have to prove they tried to retreat since maryland does not have a stand your ground law they have "duty to retreat".[/quote]

Are you saying the kid on the ground who was being kicked in the head had a duty to retreat?[/quote]

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.

[/quote]

Come on. Multiple people standing around kicking one person in the head on the ground is felony assault or even attempted murder.  Not self defense. I was a juror on a trial where the defendants tried to claim self defense in this scenario and it was ridiculous. [/quote]

I said that from the beginning the boy on the ground is probably the only kid with an assault case.

Depends on his injuries if it’s simple vs felony.

I’d bet the house it’s not felony.

I never mentioned self defense I said it was a fight which is different.[/quote]

You're out of your mind. The blond girl pushed to the ground and pummeled wasn't assaulted? Gmafb[/quote]

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