A person who is witness to some form of either offensive physical contact or threatening physical contact can provide evidence. Usually the victim would be the witness for the government to be able to say they were threatened by someone, and then they would have to either show that there was the threat of physical violence or there was actual physical harm. Sometimes a neighbor or a passerby calls in an assault so they wind up being the primary witness, however the victim is usually the one who calls for help and is the one who calls in.

The second element of it is that the person has to be able to show there was an offense or physical contact. This is where we can really distinguish between the person who is calling the police as a form of an attack on somebody, versus someone who is calling because they were actually harmed. The difference would be the second element of proof; if there was no offensive contact, but they were merely trying to take advantage of having the police come, that would not be considered an assault, whereas if someone called because they were harmed or they were in fear of being harmed, then that would be considered an assault.

Are A Person’s Fists And Feet Also Considered Weapons If They Have Martial Arts Training?

This could happen if what the person intended to do was malicious and they tried to hurt someone. If two people assaulted someone in identical circumstances, and both people happened to hit the person in such a way that it broke bones, knocked them out, or caused them to be harmed much worse. This would not be just having offensive or harmful contact, but doing it in a way that was going to cause bad injuries. This would be called malicious wounding and the person skilled in fighting could get punished much worse for it even though they only used their hands and feet. The ordinary person who used their hands and feet will only get charged with simple assault whereas the skilled fighter could wind up doing some serious jail time for his fighting skills.

Does It Become More Difficult When There Is Something Like A Baseball Bat Involved?

A lot of my clients have roots in Central America, and wind up having their weapon of choice as a machete which is very bad idea. It is an extremely bad idea in the United States to use a machete, bowie knife, switch blade, a big long hunting knife or anything like that, to either scare or harm someone because it would get the person deported for sure after they do prison time. People should be good and especially to their spouses if they are immigrants because these things can really harm their chances in court.

What Would Happen If Someone Were Put In A Restraint Or A Headlock Which Is A Considerably Deadly And Fatal Move?

I represented a client who was put in a choke hold and killed. It did not take very long but it was done by a person who had some special training so they should have known better, but nonetheless they killed someone. There was another case where the client did not have special fighting training and used a bottle. The bottle was not broken initially but it broke in the process of hitting someone with it and the broken glass was what really caused the bad injury. The bottle itself might have been like a club of some sort but the broken edge acted like a knife and cut the other person badly in the eye. It was malicious wounding so it does not necessarily have to be what the person expected or intended. The person who used the bottle never believed the bottle would break and they kept saying till the very end, that they never meant for it to happen, thinking that somehow that was going to help but it did not. It was malicious wounding and that person, despite our best efforts, is now serving six years in jail.

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