Him. Provocation is usually a mitigating factor, but not a complete defense, and it’s not like she just randomly threw a drink at him, there was an argument leading to it.
Even when it would be a defense it certainly wouldn’t excuse him in this circumstance.
Thanks, that’s the first I’ve heard of this legal concept.
It may be … sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge.
…
In extremely rare cases, adequate provocation has resulted in the defendant never being charged with a crime. In one famous example
Though in this case, doesn’t throwing a drink at somebody in itself constitute an offense of some sort? Could both parties not be prosecuted? I suppose AG bias might come into play then?
If someone was advancing on him after that it likely could be legally considered self-defense. But it sounds like he was pushing past people to go attack her. That’s not self-defense, that’s revenge.
IF she threw the liquid at him, and he punched her in retaliation, who’s actually in the wrong, legal-wise?
Edit: From the downvotes it seems people think I’m defending the guy. I was not, this was an actual question.
Him. Provocation is usually a mitigating factor, but not a complete defense, and it’s not like she just randomly threw a drink at him, there was an argument leading to it.
Even when it would be a defense it certainly wouldn’t excuse him in this circumstance.
https://en.m.wikipedia.org/wiki/Provocation_(law)
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Thanks, that’s the first I’ve heard of this legal concept.
Though in this case, doesn’t throwing a drink at somebody in itself constitute an offense of some sort? Could both parties not be prosecuted? I suppose AG bias might come into play then?
What’s the famous exaaaaammmmmpppple?!
:p
Buzz Aldrin, punching a flat earther
You’re the best!
If he hadn’t assaulted her he might have been able to make her pay his dry cleaning bill.
You can stop pretending to be a JAQing off American, btw. You outed yourself to all the native speakers.
I live in Norway, who’s pretending? Not my fault if you make assumptions.
Yes? I don’t quite get the hostility. I’m curious about the legalities, nothing more.
Here’s a hint: stop editorializing when you’re JAQing it. Makes it a little obvious.
I honestly have no idea what you’re trying to say. I appreciated your 1st explanation. The rest, IDK what’s up with it.
If someone was advancing on him after that it likely could be legally considered self-defense. But it sounds like he was pushing past people to go attack her. That’s not self-defense, that’s revenge.
Unlike crossing state lines to get a gun
Yeah, it wouldn’t be self defense since he wasn’t in any danger. Possibly provocation as the other commentor pointed out.