Post by Stephen on Jan 9, 2006 10:40:43 GMT -5
SAN SOO AND THE LAW
As an California Police Officer for 18 years and a San Soo student in Orange County, I would tell you to keep your attack on the suspect (I like to call them suspects) reasonable. What we look for when we respond to a fight call is:
1) Was it mutual combat, or did one or both have some type of a weapon? Fighting with a weapon is a whole different ballgame. If you "beat" the suspect "beyond reason," your hands and feet can be considered as weapons and you're in a "felony" ballgame.
2) Who was the aggressor and who attacked first?
3) Are there any witnesses to the incident?
4) If it is determined that the fight was in fact mutual combat, we will asked if any of the fighters want to prosecute the other in court for an assault and battery?
If "fighter #1" says "yes" we will usually tell "fighter #2" to also press charges and both will be arrested. #1 will almost always change his mind when he finds out that "he" will also go to jail. When there is no prosecution desired (no one wants go be arrested), we will clear the fight call with an advisement and everyone goes their separate ways.
My advice to friends is this: Make sure if there are witnesses, you tell the suspect (loud enough so witnesses can hear you) that you "don't want any trouble."
The District Attorney will usually give the incident the "reasonable man test." That is, would a reasonable man "given the same circumstances" do what you did? If the answer is "yes," you will probably be okay and they won't file charges. If the answer is "no," Houston we have a problem and you will have a court date!
Make sure "the punishment fits the crime" Don't beat a guy into next week for looking at your wife or girlfriend. But, if a parolee approaches you, grabs you by the neck and says give me all your money or I'll kill you (strong arm robbery needs force or fear), either give him your wallet or....."Unleash the Beast." But again.......keep it within reason. Once his threat against you is over, and he is on the ground and no longer "able" to be a threat to you, STOP. Going beyond that and giving him some "street justice" will probably be viewed by the D.A. as excessive.
So.....before you bust someone up, think, (if you have that moment) are my actions going to be viewed as reasonable and will I pass the "Reasonable Man" test!
Michael Roach
Police Motor Officer
Orange County, Ca.
As an California Police Officer for 18 years and a San Soo student in Orange County, I would tell you to keep your attack on the suspect (I like to call them suspects) reasonable. What we look for when we respond to a fight call is:
1) Was it mutual combat, or did one or both have some type of a weapon? Fighting with a weapon is a whole different ballgame. If you "beat" the suspect "beyond reason," your hands and feet can be considered as weapons and you're in a "felony" ballgame.
2) Who was the aggressor and who attacked first?
3) Are there any witnesses to the incident?
4) If it is determined that the fight was in fact mutual combat, we will asked if any of the fighters want to prosecute the other in court for an assault and battery?
If "fighter #1" says "yes" we will usually tell "fighter #2" to also press charges and both will be arrested. #1 will almost always change his mind when he finds out that "he" will also go to jail. When there is no prosecution desired (no one wants go be arrested), we will clear the fight call with an advisement and everyone goes their separate ways.
My advice to friends is this: Make sure if there are witnesses, you tell the suspect (loud enough so witnesses can hear you) that you "don't want any trouble."
The District Attorney will usually give the incident the "reasonable man test." That is, would a reasonable man "given the same circumstances" do what you did? If the answer is "yes," you will probably be okay and they won't file charges. If the answer is "no," Houston we have a problem and you will have a court date!
Make sure "the punishment fits the crime" Don't beat a guy into next week for looking at your wife or girlfriend. But, if a parolee approaches you, grabs you by the neck and says give me all your money or I'll kill you (strong arm robbery needs force or fear), either give him your wallet or....."Unleash the Beast." But again.......keep it within reason. Once his threat against you is over, and he is on the ground and no longer "able" to be a threat to you, STOP. Going beyond that and giving him some "street justice" will probably be viewed by the D.A. as excessive.
So.....before you bust someone up, think, (if you have that moment) are my actions going to be viewed as reasonable and will I pass the "Reasonable Man" test!
Michael Roach
Police Motor Officer
Orange County, Ca.