Legal Question in Criminal Law in California
Just out of curiosity if I curse at someone, tell them to "Go F***" themselves then they hit me physically is it considered my fault? Disturbing the peace for me and assault for them?
1 Answer from Attorneys
Two issues here, could you be charged with disturbing the peace, and would your words be a defense against the other person's possibly being charged with assault. For a discussion of the first issue, search ["fighting words"] for the wikipedia entry ("fighting words" as an exception to the First Amendment right of free speech). Cliff's: You could theoretically be charged and convicted of disturbing the peace for telling some one to commit the aforesaid impossible act, but it's doubtful you'd be charged, at least in California. As to the other individual, it's highly doubtful that one's reacting to words, even so-called "fighting words," with physical violence would ever be justifiable. However, Buzz Aldrin slugged someone who told him he didn't really walk on the moon, and the DA declined to prosecute him.
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