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#1 |
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Confirmed User
Join Date: May 2003
Posts: 2,163
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If someone hits you in the face with a bat...
and then you stab him, can it be considered as a self defense?
We recently got into a fight with about 5-6 people at the house party, beat the shit out of them.. after some time they came back with more people with bats and bb guns. Some of my friends got hit with the bat in the face and shot a few times with bbgun, nothing serious tho. So I am just wondering, in a fight like that if you pull out a knife and stab one of the attackers can it be considered a self defense? |
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#2 |
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Confirmed User
Join Date: Mar 2005
Location: amish paradise
Posts: 1,482
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id think so
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#3 |
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best designer on GFY
Join Date: Mar 2003
Location: IALIEN.COM - High Definition Video and Photographic Productions -ICQ 78943384
Posts: 30,307
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Nice nieghborhood.
Maybe you should just upgrade from Knives to a nice Smith and Wesson 9MM.
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#4 |
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Confirmed User
Join Date: May 2003
Posts: 2,163
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It's actually a really peaceful nieghborhood, and I have little knowledge about law so I need to know more before I get anything.
btw, this is in Canada, so Canadian laws apply |
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#5 |
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Confirmed User
Join Date: Feb 2003
Location: Hesperia, CA
Posts: 760
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Wow. If someone comes at you with a bat and you pull out a gun and shoot them dead you're gonna go to jail. At least in California you will. However, you will more than likely be released with in 48 hours after the DA reviews the case and sees that it was self defense. And, yes. You can use a knife to defend yourself. It doesn't matter if someone has a bat or not. If you are attacked you can defend yourself and if you happen to have a knife and they have a bat oh well. though, personally I would rather have a bat than a knife. But whaterver works for you.
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#6 |
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Confirmed User
Join Date: Jul 2005
Posts: 7,865
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self defense will only be valid if it would be established that you did not provoke the other person to attack you. well I'm not a lawyer.
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#7 | |
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Confirmed User
Join Date: Apr 2004
Location: Rotterdam
Posts: 8,285
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Quote:
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No sig.
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#8 | |
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Confirmed User
Join Date: May 2003
Posts: 2,163
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Quote:
A few word exchanges, but they threw the first punch, i think would mean they provoked it. |
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#9 | |
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Let slip the dogs of war.
Industry Role:
Join Date: Jan 2003
Location: Bermuda
Posts: 17,263
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Quote:
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#10 |
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Industry Role:
Join Date: May 2003
Posts: 12,464
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Yes it can be considered self-defense. And when the police arrives you can say "I'm glad I killed the bastard".
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#11 | |
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So Fucking Banned
Industry Role:
Join Date: Apr 2001
Location: the beach, SoCal
Posts: 107,089
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Quote:
But the HA did get off for knifing a guy with a gun. It just took time and money. |
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#12 |
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ex-TeenGodFather
Industry Role:
Join Date: Nov 2001
Location: Suomi Finland Perkele
Posts: 20,306
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I think in finland there's a rule for excessive force. Not 100% sure how it goes, but it's something like.. if someone attacks you with bare knuckles, you cannot use any objects to hit him or it could be excessive force.. if someone attacks you with a baseball bat, you can't shoot them etc.. not quite sure how to compare knife and bat lol. I guess every place has it's own set of rules and shit.. up to the judges I'd imagine.
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..and I'm off. |
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#13 | |
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Confirmed User
Join Date: Apr 2004
Location: Rotterdam
Posts: 8,285
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Quote:
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#14 |
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Too lazy to set a custom title
Join Date: Oct 2002
Location: Global Traveler
Posts: 51,271
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it's called a homicide but i am not sure.
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#15 | |
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Too lazy to set a custom title
Join Date: Jul 2005
Posts: 11,922
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Quote:
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#16 | |
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Confirmed User
Join Date: Oct 2001
Location: Budapest, Hungary
Posts: 698
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Quote:
If that happened in your house, or house of some of your friends, then, yes. Otherwise, if Canadian laws are at least a little similar to continental EU laws, then it isn't so easy to give answer. Did you verbally provoke attack or not that doesn't matter at all, because if you verbally provoke somebody he can simply go away... There is no self defense in case of verbal attack (maybe some other things as "affect"). If you attacked first, then everything about self defense can be used on your opponent. In accident which you describe, your opponents don't have self defense case, because they already had possibility to evade (I mean after first fight they get away form that house, maybe affect). When they return to the house with bats they are becoming attackers. So: First, did you have possibility to run? I mean, you were been in corner with no way to escape? Threat was been so serious that you was been afraid for your life (e.g. 5 years old kid with bat isn't serious threat to adult), or life your close relatives? ![]()
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#17 | |
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Confirmed User
Join Date: May 2003
Posts: 2,163
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Quote:
I see what you mean. Well, it was difficult evade the attack as it came from the backyard and there was a possibility to run into the house but I don't think it would help. Threat was serious, and I was afraid for the lives of my friends. I understand that there isn't a straight yes or no answer, but this gave me a better understanding of what self defense is. Thanks |
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#18 |
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Let slip the dogs of war.
Industry Role:
Join Date: Jan 2003
Location: Bermuda
Posts: 17,263
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If people come to a party looking for a fight and get one, I'd say that's more of a mutual combat situation than self defense. You can't lose a fight and claim assault if you were a willing participant.
Funny story, many, many years ago I got in to it with somebody in traffic. They got out of their car, called me out of mine, got hit a few times and tried to press assault charges. Luckily there were a ton of witnesses and the cops called it Mutual Combat and just moved on.
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#19 |
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Confirmed User
Join Date: May 2005
Location: behind you
Posts: 7,402
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think so....
friendly neighborhood i guess...x |
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#20 |
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Confirmed User
Join Date: Mar 2005
Location: The Sunshine State
Posts: 4,365
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Ron Burgundy: Boy, that escalated quickly... I mean, that really got out of hand fast!
Champ Kind: It jumped up a notch! Ron Burgundy: It did, didn't it? Brick Tamland: Yeah, I stabbed a man in the heart! Ron Burgundy: I saw that! Brick killed a guy! Did you throw a trident? Brick Tamland: Yeah, there were horses, and a man on fire, and I killed a guy with a trident! Ron Burgundy: Brick, I've been meaning to talk to you about that. You should find yourself a safehouse or a relative close by. Lay low for a while, because you're probably wanted for murder. |
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#21 |
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Sofa King Band
Join Date: Jul 2002
Location: Outside the box
Posts: 29,903
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Sounds like:
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#22 |
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Too lazy to set a custom title
Join Date: Nov 2002
Location: Glasgow, Scotland
Posts: 67,795
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When's the next house party ??
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#23 |
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Confirmed User
Industry Role:
Join Date: Feb 2002
Location: California
Posts: 7,444
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Where I grew up, we went to jail. Self defense, haha
It's called a gang related crimes |
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#24 |
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So Fucking What
Industry Role:
Join Date: Jan 2004
Location: Whore Island
Posts: 14,445
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If somebody even swings a bat at your head, you can blow their fucking head off. In Arizona at least
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#25 |
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I make pixels work
Industry Role:
Join Date: Jun 2005
Location: I live here...
Posts: 24,386
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Gettem pony boy, gettem for soda pop!
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#26 |
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No Refunds Issued.
Industry Role:
Join Date: Feb 2001
Location: GFY
Posts: 28,300
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If i hit you in the face with a baseball bat, the best case scenario is that you'd be on your way to an emergency room, much less be able to pull a knife.
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#27 |
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sex is good
Join Date: Sep 2001
Location: Carman, MB Canada
Posts: 24,939
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You would get arrested and it would be up to the Crown to decide if it was self defense or not.
So you would sit in remand for awhile, either way. |
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#28 |
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Confirmed User
Industry Role:
Join Date: May 2004
Location: America.
Posts: 7,320
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sounds like a fun party, and yes that would be self-defense
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#27024067 |
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#29 | |
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Confirmed User
Join Date: Jul 2005
Posts: 6,846
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Quote:
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#30 |
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Confirmed User
Industry Role:
Join Date: Mar 2005
Location: elkektex at gmail
Posts: 1,813
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Dunno but I think you would have to take a bat to the face first and THEN stab him...how are you gonna prove he was going to hit you?
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#31 |
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Confirmed User
Join Date: Aug 2005
Location: Checking My Stats
Posts: 639
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Im pretty sure they judge it by the threat.
So if a 220 pound guy is attacking someone thats 150 pounds then they smaller guy would probably get off stabbing or hitting the guy with a bat. Since there is a limited chance that he could he defend himself with only his hands.
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#32 |
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..........
Industry Role:
Join Date: Aug 2004
Location: ..........
Posts: 41,917
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what kind of adult carries around a BB gun? damn, thats a little juvenile. real guns must be a little much for them, little do they know that the law still considers a BB gun a firearm.
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#33 |
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Confirmed User
Join Date: Aug 2005
Location: ICQ: 248877409
Posts: 8,597
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it is assualt with a deadly weapon. An expample: my friend who has a black belt in TeaKwonDo fucked up 6 people with bats who wanted to beat him up for no reason. His martial arts skills were considered deadly weapons. He got 6 weeks in jail. Now that is fucked up.
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#34 |
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Too lazy to set a custom title
Join Date: Dec 2004
Posts: 17,513
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i love guns
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#35 |
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Retired
Industry Role:
Join Date: Jan 2004
Location: Sac
Posts: 18,453
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BB Guns?
Forgive me for just a moment.... and now on to the question, yes it is self defense, however the friend may still be charged with carrying the knife?
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#36 |
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Confirmed User
Join Date: Jul 2005
Posts: 9,640
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i really hate violent neighbours 'coz they really cause alot of trouble.
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#37 |
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So Fucking Banned
Join Date: Aug 2005
Location: dirty south
Posts: 997
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pull out the 9
load up the clip and let one slip into those crazy fools |
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#38 |
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lurker
Industry Role:
Join Date: Aug 2002
Location: atlanta
Posts: 57,021
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the best thing to do is not let it get to that point .
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#39 | |
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Too lazy to set a custom title
Join Date: Jul 2005
Posts: 11,922
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Quote:
I din't know being able to protect yourself can be charged against you.
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#40 |
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Confirmed User
Join Date: Aug 2005
Location: Skype - PrintAdult
Posts: 845
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Fuck that, I would just get in their face and see what they are made of. As JAY Z said, " Don't Flash The Steel, Blast For Real!"
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#41 |
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Confirmed User
Join Date: Aug 2005
Location: PrintAdult.com
Posts: 326
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First I have to know what started the fight in the first place?
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#42 |
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Confirmed User
Join Date: Mar 2004
Location: Costa Rica
Posts: 3,603
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I think it is considered as self-defense. Then again if you guys started the entire fight then you might not be fully exempted.
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#43 |
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I AM WEB 2.0
Industry Role:
Join Date: Jan 2003
Posts: 28,682
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i dont care about the law, someone comes at me unprovoked i am going to do whatever i can to demobalize them, whatever i have on hand gun/knife/bat, they come at me i will try to take them down the fastest way possible.
i value my life more on what people "might or might not do with a bat" than jailtime. |
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#44 |
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Text Writer
Join Date: Feb 2001
Location: Wisconsin
Posts: 18,812
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technically, ya. but since its a bunch of people scrappin with each other, it'll most likely be called a homicide or murder.
if you were in a grocery store & some dude put a gun to your head & your shot him first, then THATS self defense (and probably have witnesses to that). but you can never be sure who hit who, who shot/stabbed who, in a big all-out brawl. be careful. |
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#45 | |
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Confirmed User
Industry Role:
Join Date: Oct 2001
Location: Montreal
Posts: 3,989
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Quote:
it's called witnesses batman
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#47 |
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Confirmed User
Join Date: Aug 2005
Posts: 316
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What's the reason why you got into that fight?
But I think that would be a plain self defense... |
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#48 |
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Confirmed User
Join Date: May 2005
Location: Great White North
Posts: 1,333
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Your friend would go to jail in Canada according to the details and scenario you described above. You stated yourself you kicked the shit out of them, you would have to prove they were a continued threat to someones life to get away with stabbing since you clearly overpowered them and instigated the initial conflict.
Sounds like you guys all need time anyways, fuckin punks tossin up people homes and fighting en masse. |
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