Legal Question in Criminal Law in California
Physical Confrontation
What is California law for an individual that studies martial arts, more specifically Brazilian Jiu Jitsu that are involed in street confrontations?
1 Answer from Attorneys
Re: Physical Confrontation
The law relating to physical confrontation is the same for everyone regardless of what they have studied. Just because someone is a martial arts expert does not mean that person has special privileges in beating up on others. If that person is involved in a situation which calls for self-defense, again, the law treats everyone the same. In self-defense, the force that can be employed must be reasonable. No one can get away with employing deadly force or force likely to result in great bodily injury in a situation where use of such force is unnecessary.
I also think that the law probably imposes a greater duty on someone who is skilled in applying physical force. In other words, if a person skilled in martial arts injures someone and their skill is such that injury could have been avoided, the law might treat such a person more harshly because what they did was not reasonable under the circumstances, i.e., given the context of their special skill in dealing with and avoiding a physical confrontation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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