Could you get attempted murder for choking someone out in a fight?

[DangerDan]

I've always thought that if a fight went to the ground I'd choke someone out but I was thinking about that tonight but could they try to throw an attempted murder charge on you? Like you could say "I was just choking him until he was unconscious" and that sounds really bad anyways. They could've pulled you off him after you choked him unconscious and could say you were trying to choke him to death.

I always figured choking someone out was better than breaking something because breaking things is pretty serious but now that I think about it choking someone out in a fight is pretty serious. Especially if you aggravated the fight somehow.

Comments?

[Mr Beer]

Probably easier to defend in court than a broken bone, so long as you stopped short of causing major damage.

[wanaBsedated]

I've always thought that if a fight went to the ground I'd choke someone out but I was thinking about that tonight but could they try to throw an attempted murder charge on you? Like you could say "I was just choking him until he was unconscious" and that sounds really bad anyways. They could've pulled you off him after you choked him unconscious and could say you were trying to choke him to death.

I always figured choking someone out was better than breaking something because breaking things is pretty serious but now that I think about it choking someone out in a fight is pretty serious. Especially if you aggravated the fight somehow.

Comments?

almost certainly not.

get an expert witness

[DangerDan]

Probably easier to defend in court than a broken bone, so long as you stopped short of causing major damage.

yeah, a broken bone would look really bad unless he was the clear aggressor.

[Kane Fan]

it'd be hard to argue that you were trying to kill him if you had him unconscious and he survived
I mean ti's really REALLY hard to FAIL to kill a defenceless person....
that dosn't mean an overzealous DA might not TRY to charge you with it, but proving it would be rough

[DangerDan]

it'd be hard to argue that you were trying to kill him if you had him unconscious and he survived
I mean ti's really REALLY hard to FAIL to kill a defenceless person....
that dosn't mean an overzealous DA might not TRY to charge you with it, but proving it would be rough

yeah, but if they pulled you off him and he was unconscious when they pulled you off him they might have a case right?

[Kane Fan]

if police officers are there to pull you off of him they will also be there to seperate you two and all you really need to do is deflect him so he winds up on the ground with some distance between the two of you
the odds of them showing up in the precise few seconds it takes him to lose consciousness but BEFORE you can get back up and put distance between you (thus NOT killing him) are really unlikely

[DangerDan]

if police officers are there to pull you off of him they will also be there to seperate you two and all you really need to do is deflect him so he winds up on the ground with some distance between the two of you
the odds of them showing up in the precise few seconds it takes him to lose consciousness but BEFORE you can get back up and put distance between you (thus NOT killing him) are really unlikely

Well I'm talking about anyone breaking it up. Like the teachers at school, or kids, or something. He could press charges and say that I tried to kill him or something and then a witness could say it didn't seem like I would stop and he was unconscious when they pulled me off him.

[taf1968]

If anything, I would tend to think that a choke-out by someone trained in martial arts would be perceived in a more "favorable" light than broken bones, wrecked joints, or pummeling someone via strikes. It shows a bit more control on your part.

In reality, you could certainly get "charged" with something regardless, but if you diffused what could have been a really bad situation using a less violent technique, I would think that would be a tough one to prosecute successfully beyond something pretty minor in comparison.

[DangerDan]

If anything, I would tend to think that a choke-out by someone trained in martial arts would be perceived in a more "favorable" light than broken bones, wrecked joints, or pummeling someone via strikes. It shows a bit more control on your part.

In reality, you could certainly get "charged" with something regardless, but if you diffused what could have been a really bad situation using a less violent technique, I would think that would be a tough one to prosecute successfully beyond something pretty minor in comparison.

word.


thanks guys.

[curtis999]

I totally disagree. Imagine what a jury would think of you defending yourself in a fight by breaking someone's arm and then imagine what they might think to hear you were choking someone. A broken arm doesn't result in death. An overzealous choke however? Just remember the average citizen isn't involved in MMA.

[curtis999]

Remember too are we talking about a blood choke or cutting off o2. If you're going to try to defend against somthing that results in the guy ceasing to breathe, I would much rather break something.

[TheClips]

^^What Curtis said.

And like want2besedated said, get an expert witness telling about blood chokes being a safe and effective way to end a fight with the least damage possible.

And then paint a picture of yourself about how, out of all the harmful joint locks you know, you chose to use a "lateral vascular restraint" to disable an aggressor both to protect yourself, and him.


And then say, "You can't handle the truth!!!!" and the jury will end up arresting the plaintiff.

[Kane Fan]

also it will help if you can convince them you are a woman

[trader vlad]

Sheeiiiit, good point, i always thought of choke beign the best way to end a fight, now i realize it may not be. maybe if its a 1 on1 fight where no one is around and the guy is very aggressive.

But another argument that could be made is that if the guy is being very aggressive towards you where you feel your life is in danger and you go for the choke till he sleeps thats still legitimate self defense. Its kind of like if you had a knife & u cut him because he kept attacking you.

Broken limbs ftw?