Don't know what state you're in, Smitty, maybe the state of chaos sorry couldn't resist. Ah, in the Commonwealth of Virginia what you described is considered assault. The dude could have been arrested. Let's say you called a cop. For the cop on the scene it all comes down to a nebulous aspect: were you feeling threatened? Let's say you answered in the affirmative. The local magistrate's office would make the determination as to the next step when the cop brought in your arrested antagonist. Dude might walk or he might be remanded to custody. They do things their own way in the Commonwealth, that's for sure. And btw, a person can be arrested for flipping the bird at another person in the Commonwealth. Same genre of law: it's considered threatening someone. And, no, I wasn't arrested for giving someone the finger, and no I'm not making this stuff up. Living here 30+ years I get to find out quirky things like these.
IF this happened in FL, you could have just "stood your ground" and whooped that ass or put a bullet in him.
Im confused. If the guy was screaming at you and in your personal space, i at the very least would of gone on the defensive, stood up and created distance with an arm. If he was just in your personal space and just yelling, but not directly at you..... iv had that happen. Ignore it but be aware. Guys probably crazy or high. Iv had dudes seemingly yell at me but they are actually yelling at an nonexistent person behind me. As far as who ever strikes first loses in court. False. Especially in this day and age. People are doing crazy things. If someone is acting that outlandish it can most certainly be considered a threat. Especially if other people saw and felt the same way. On the flip side, iv had friends (luckily i wasn't there, told this story before here) who got jumped and defended themselves well. They got arrested for assault because the other guys who jumped them ate a few punches and there faces showed it.
As you describe it, your friends got arrested because they did not know how to talk with cops and investigators, and because they inflicted more hurt on assaulters than required for defense, or because they did not judicially pull back when appropriate. That is the law in most States. Self-defense never includes permission to turn the attack on others past the point of self defense, which is what you describe. Behaving outlandish is not a crime in ANY state, unless it threatens the safety of populace. There is a large difference between "street law" and Revised Statute Annotated. Up here, first contact gets arrested. No exception. If smitty had swung at the guy FIRST, he would have been arrested for assault. The mental moron would face Disturbing the Peace charges. Keep in mind that is how police are trained. Don't forget, I was one for bit when young.
That's not how i described it barry. I said there faces showed evidence of damage. These 4 friends were all trained. Wrestlers and boxers. They got jumped by 6 guys. One hit to defend and fight off attack until they could run and called the cops. So i get what your saying, but you'r assuming with this situation. Not there fault they knew how to throw a solid punch. One punch, one bloody lip/nose/ black eye. My point is they went based off damage. And again, they did not go excessive. They fought off and ran.
Well, sounds as if the jumpers picked the wrong guys. If you see your friends, tell them an ex-state trooper says,"GREAT JOB!!"
'There is no way, no way, that you came from my loins. When we get home, I'm gonna punch your momma right in the mouth."
Great job until they got arrested haha. Body shots and takedowns! Give a guy a bloody nose and things can go south for you.
Naw....I used to put attorneys in jail. That was the best part of my former job. "You can't arrest me!! I'm an attorney!!". Click! Click! (handcuffs). "Watch your head going in the cruiser" Usually for DUI.