Picture this situation: one teenager is using the threat of physical violence to intimidate another. Not only that, he is threatening to bring other people into the situation… people who may have guns. Nothing has yet occurred, but the bully has repeated his threats enough time that it seems to be more than tought talk. One day, he shows up at the other kid’s house. Can an adult relative who is there at the time go out and kick his ass, legally?
Just for clarification, is there some reason the adult can’t call the police?
No, but that is not part of the question
Would not calling the police impact whether or not it is a legal act?
ignore the first line, that came off as kind of harsh. sorry!
IANAL, but by just showing up on a doorstep, saying things, the teenager is guilty of criminal tresspass, communicating terrorist threats, and possibly assault.
I would offer that the adult, acting like an adult, has no legal ground to lay a finger on said teenager unless first physically accosted or had a weapon brandished at them. In most jurisdictions, there must be an immediate clear and present danger to life, limb, or eyesight to go forward and start kicking someone’s ass. Especially given the age differences of the two parties involved.
However, none of this precludes the adult from acting like an adult, and picking up the phone and calling the police.
Tripler
It sounds like the kid is on your doorstep now. What are you typing for real-time legal advice for? Go call the local Five-O!
Oh, I should note that the response of the defender generally has to be at somewhat of the same level as the assailant-- i.e., if someone is waving a Q-tip at you, you can’t blow them off their feet with a .45.
Given that, if a fistfight breaks out, it’s still going to be a bad idea to draw a sidearm. Now if they’ve got knives, that’s another story . . .
Tripler
Do what you gotta do, but don’t go overboard, my friend.
No problem. I just ask, because it seems that would be the logical, legal course of action to take. IANAL and all that, but my experience tells me that pre-emptive action in the absence of calling the authorities may not be looked upon too favorably by the courts.
I think this case may get a little murky, with more details provided, because I’d be willing to bet that there are cases of pre-emptive self defense on the books. But on the face of it, I’d wager no - it’s not legal.
When you say “he just shows up at the house”, I assume you mean he is not barging his way in, and the would be victim is safely in the house at the time. If that’s the case, the most prudent course of action is call the police, and prevent the bully from entering, and the would be victim from leaving.
Now if he makes a move to enter the house - all bets are off.
I don’t know. But it may serve later on to demonstrate to the judge that the adult was more interested in kicking someone’s ass, and less concerned with difusing a potentially violent situation.
IOW - it may land the adult in hotter water than he would have been if he’d called the cops first, then kicked someone’s ass.
Well, I am just wondering. I am essentially non-violent, so, while the situation is real enough, the possibility of me seriously injuring some wannabe gangster is small. Even if he deserves it.
That being the case, there is no reason not to notify the police of the situation now. Before a self-defense situation starts.