if a minor starts a fight with someone 18 or older and the minor throws the first punch does the 18 year old have the right to defend himself without worry of jail time??
Depending on the exact situation, there is no such law that comes down on adults for fighting with minors. Now the fact that this minor is so close to age 18 makes a big difference compared to an adult defending themselves against a 9 year old (given that they don't have a weapon). But there's lots of specifics that would need to be addressed in the given situation. Every person has the right to defend themselves, but just because the minor throws the first punch doesn't mean that he instigated the fight. You can strike first in a fight if you feel that a fight is inevitable. Remember that there are plenty of actions that take place before an altercation that ultimately decide whether or not a fight will take place. So be careful what you say and what you do, regardless if you're the minor or the adult.
You can always defend yourself with force equal to the threat. Proving who started it could be a problem though, especially if you're both drunk, in the dark, and you don't make an attempt to get away. Likely both parties will be charged and the adult will get it worse.
if defender uses commensurate force,not excessive force,,yes,,,,if hes down and you keep pounding him,,,,you're using excessive force
well i would think it would be considered self defense if the minor started the fight so if the minor starts it then the 18 year old hits back in self defense then i think it would be ok as long as the 18 year old doesn't do anything major like shoot the minor or something you know?
You can always defend yourself, no matter what the age of the other person. However, you will both probably end up in court pleading your case. Make sure you have credible witnesses to back up your claim and a good attorney. AND don't mouth off to the law enforcement officials (they get kinda cranky). Also, be respectful to the judge.
18 is still considered adult age whenit comes to certain things, but the when it comes to crime and defense th age is now 16 first of all. Second, If you are hit first and then you hit back this is considered defending yourself. I was taught and have taught my children put your hands to the side or behind your back let them hit first then do what ever it takes to defend yourself. Who ever takes the first swing is the one who pays the price!!
First of all no matter what...there needs to be a credible witness for the 18yr old. The police will not take kids on their word. That being said, if the younger one has hit the 18 yr old I think he does have the right to defend himself. It also depends on where you are from. For awhile in my state, it was only self defense after three hits from the other person. That has since been changed. I don't know about you, but I can do a little damage in three hits....The BEST answer for this question would be to go to the authorities. That is the only true way to assure that the older boy doesn't get in trouble.
Yeah, as ling as he doesnt continue to fight after the threat is over. Also, if there are means to leave, that avenue must be taken first. But there are plenty of 15year olds that are 6'2" and 270 pounds...But if you're much bigger, that may be a different story.