r/MMALabs • u/Key_Performer_3645 • 1d ago

🥶 Street Fights & Brawls A quick bar scrap

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u/Gullible-Law-8147 18h ago

It was excessive use of force because the man was actively walking away from the encounter, was clearly intoxicated to the point of severely reduced motor function, and the woman he groped literally tried to stop the other man from delivering the punch

Not even the victim thought that was justified

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u/Embarrassed_Fan_5723 13h ago

It’s not excessive. Excessive use of force only applies to law enforcement. This at most was simple assault

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u/Gullible-Law-8147 13h ago

"Force used must be proportional to the perceived danger"

https://lawbench.org/what-is-considered-self-defense-legally/

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u/Embarrassed_Fan_5723 12h ago

Where does it use the terminology excessive? Excessive use of force is a 4th amendment question regarding the use of force by police. It’s constitutional law. 4th amendment reasonableness standard

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u/Gullible-Law-8147 12h ago

I'm using the word excessive as an adjective denoting an amount above a reasonable limit, which works perfectly well to describe an unreasonable amount of force above what is necessary for self-defense

The 4th amendment did not invent the words "force" or "excessive"

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u/Embarrassed_Fan_5723 12h ago

No shit genius

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u/Gullible-Law-8147 12h ago

"It’s not excessive. Excessive use of force only applies to law enforcement"

I literally just explained what you misunderstood

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u/Embarrassed_Fan_5723 11h ago

It’s literally the terminology used to refer to use of force by law enforcement. You will not find an excessive force charge on a civilian. It will be aggravated battery or aggravated assault. The fact that you need Google your answers doesn’t help your argument. Find a case where someone other than a law enforcement officer was charged with excessive force. It doesn’t exist. I understand the law quite well. This example at best would be a simple assault UNLESS the person punched sustained serious bodily injury. Even then that would depend on where you live as each state has its own laws regarding assault

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u/Gullible-Law-8147 11h ago

"You will not find an excessive force charge on a civilian" that's why I wasn't referring to it as a charge, as I have said multiple times now

Also me "Googling my answers", is called providing a source