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Can I just say that I *love* that so many people are turning to the PC in this discussion...


It warms my heart. Keep it up boys/girls!

tacticool wrote:A kick or punch from an adult or teen is deadly force.

tacticool wrote:If someone attacks me, I can't trust their good will to stop with minor punches or ineffective kicks. They already proved their lack of restraint and lack of concern for my well being by ILLEGALLY ATTACKING ME. There are plenty of deaths from unarmed criminals in the UCR so I have to assume the worst when a CRIMINAL attacks me.

I agree with most of what you're saying but these statements are not equal. I responded to the first statement. I think you feel like my disagreement comes from your follow up statements - it does not...I only wanted to highlight that a single kick or punch (as specified in your post) does not in and of itself amount to deadly force, in MOST circumstances.

Friends?

tacticool wrote:You're saying if someone breaks your nose or stomps on your throat, it's simple assault?

No. I'm saying A punch or A kick is simple assault....most of the time. And I said it is rare that said punch or kick will cause the devastating injuries mentioned above. I don't discount the effect of a well placed strike, but generally speaking when people fight it is clumsy haymakers being thrown...which 12 people in their right minds will not find to be deadly force.

tacticool wrote:Aggies.

I can find freedom of speech in the constitution but I can't find freedom to assault.

I can't find where a kick or punch is deadly force -

Penal Code Ch 9.01:

(3) "Deadly force" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.

Penal Code Ch. 1.07:
(46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The stuff here is talking broken bones on up. I've taken quite a few punches, as well as seen the effects of punches/kicks on others, and rarely does it get to this level.

Generally a punch or kick is considered simple assault.


Back on Topic Keith :)

tacticool wrote:A kick or punch from an adult or teen is deadly force.

And singing the UT fight song is DOC - language