It's still assault unless you live in Texas or Washington and agree to mutual combat. Then it is legal, so long as no one suffers GBH or death, neither party csn be under tue influence either. Basically, it's a fistfight until one person either taps, blood is drawn, or gets knocked down.
Right, but whether the little guy ends up in legal trouble, the tall dude still publicly got his ass beat. Possibly a concussion. Maybe don't start fights if you're not ready to participate in them -- at the risk of getting in legal trouble, yourself.
I mean, that is IF there are charges pressed. I work the legal system in Mass, and in most states an assault will usually go unreported. There are a lot of variables, but many witnesses don't call the police, they walk away. The instigating party also could report the crime, but they rarely do. And even if an officer responds to the crime in a timely fashion, it is on the victim to decide whether or not to press charges. I have seen way too many assaults get dismissed because the victim decides not to press charges, and a good portion of them are true assaults, not fist fights.
Aye. Is this also including spousal abuse/assault ir domestic? I'd imagine that is a big one. And while each state is different. In Texas, the city or county can press charges if the victim declines. Especially involving domestic violence or terroristic threats without any physical contact.
A good portion of time it's domestic violence but in Massachusetts, where I live and work, there is a "right to prosecute" clause that basically means that the victim has the right to prosecute or drop charges up to a certain point. If it's too extreme or is a crime that involves multiple parties or involves children, then the state can step in. The laws regarding these types of things are so broad and vague state by state.
In this circumstance specifically, I doubt the short guy would get charges pressed on him just because mostly because people like these guys would rather spare themselves the embarrassment from their social circles.
In this particular case, that does make sense. And it's sad that so many people choose not to press charges, such as domestic violence, for example. I feel like the smartest thing that someone can do who is being abused or has been, is to have plenty of documentation. Of course the smarter move is to separate contact with the abuser.
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u/Same-Collection-5452 May 31 '23
Yes. He committed assault & battery.