Dude, unless you're being assaulted by a spindly old fogie in a wheelchair or a child, any physical assault can be reasonably believed to have the potential for grievous bodily harm. People have died from single punches, without any roided out freaks involved.
I'm not trying to argue the correctness, you're not understanding me.
I'm aware that people could die from a punch. You can't argue that a punch usually, let alone always, represents grievous bodily harm. Unless there are obvious aggravating circumstances (like 40 punches to the head, you're passing out, you're an elderly woman) it's going to be considered ordinary force.
ASP goes over a fist fight that starts out as ordinary force, then evolves into lethal force, due to how many strikes to the head the Footlocker employee suffered. No, shooting the guy initially is illegal, but after he was being pummeled so many times, it became legal because the force against him became lethal force.
That is absolutely Margarine's position, which is why I told him to talk to an attorney.
Being in a situation where a reasonable person would believe there's a risk of such is enough to defend yourself.
I 100% agree with this because that's not ordinary force then. That's point. It's not about the punch, but the context around it. It's just that "a punch" is never normally enough to move outside ordinary force.
YELLING IN ALL CAPS MAKES MY POINT CORRECT
Dude, unless you're being assaulted by a spindly old fogie in a wheelchair or a child, any physical assault can be reasonably believed to have the potential for grievous bodily harm. People have died from single punches, without any roided out freaks involved.
I'm not trying to argue the correctness, you're not understanding me.
I'm aware that people could die from a punch. You can't argue that a punch usually, let alone always, represents grievous bodily harm. Unless there are obvious aggravating circumstances (like 40 punches to the head, you're passing out, you're an elderly woman) it's going to be considered ordinary force.
Here, maybe someone else saying the same thing will make more sense: https://www.youtube.com/watch?v=q_KDTA46IiA&rco=1
ASP goes over a fist fight that starts out as ordinary force, then evolves into lethal force, due to how many strikes to the head the Footlocker employee suffered. No, shooting the guy initially is illegal, but after he was being pummeled so many times, it became legal because the force against him became lethal force.
That was never the argument. Being in a situation where a reasonable person would believe there's a risk of such is enough to defend yourself.
That is absolutely Margarine's position, which is why I told him to talk to an attorney.
I 100% agree with this because that's not ordinary force then. That's point. It's not about the punch, but the context around it. It's just that "a punch" is never normally enough to move outside ordinary force.