• AwesomeLowlander@lemmy.dbzer0.com
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    5 months ago

    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.

    • DragonTypeWyvern
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      5 months ago

      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)

      • AwesomeLowlander@lemmy.dbzer0.com
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        5 months ago

        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?

        • DragonTypeWyvern
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          5 months ago

          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.

          • AwesomeLowlander@lemmy.dbzer0.com
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            5 months ago

            I live in Norway, who’s pretending? Not my fault if you make assumptions.

            If he hadn’t assaulted her he might have been able to make her pay his dry cleaning bill.

            Yes? I don’t quite get the hostility. I’m curious about the legalities, nothing more.

            • DragonTypeWyvern
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              5 months ago

              Here’s a hint: stop editorializing when you’re JAQing it. Makes it a little obvious.

    • barsquid@lemmy.world
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      5 months ago

      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.