That wasn't really in reference to suiting up and sparing, this is more in reference to two brothers literally getting in a "fist fight," I'm sure somebody else know what I'm talking about. When people get into a heated argument, they don't generally say, "Hey, lets go suit up so we don't accidentally hurt each other." It's usually more like, "Hey, Outside now, I'm going to kick your "BLANK!" There's a big difference to me, between two people suiting up to spar, and two people throwing bare punches, and wrestling on the front lawn. All IMO of course.KD5NRH wrote:Not really; with a former roommate, when one of us had a bad day, we would go out back and spar for a bit to blow off steam. Depending on how bad of a day, sometimes we were pushing the limits of the pads, but nothing that would be out of place in any training gym.Charlies.Contingency wrote:True, and as I look back through this thread, it appears that it may have been aimed more towards, finding a defense to fighting with your brother... It might just be me, but that's the way it looks now. Don't want to go to jail, don't get into a physical altercation, simple as that. If you both say, (Colorful word inserted here) it, lets duke it out in the front yard, jail time may be the consequence.
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Return to “'Equal Combat' or similar worded LEO stmts”
- Thu Nov 27, 2014 7:05 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
- Wed Nov 26, 2014 11:42 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
True, and as I look back through this thread, it appears that it may have been aimed more towards, finding a defense to fighting with your brother... It might just be me, but that's the way it looks now. Don't want to go to jail, don't get into a physical altercation, simple as that. If you both say, (Colorful word inserted here) it, lets duke it out in the front yard, jail time may be the consequence.KD5NRH wrote:The problem here is that boxing or any martial art can easily cause serious bodily injury, (invalidating the defense by point (1)) even if that is not the intent, and any participant should be well aware of that, therefore any such injury would be caused knowingly.Charlies.Contingency wrote:Not only is this just defense to prosecution, but it is not entirely relevant. Only under Assault, Aggravated Assault, or Deadly Conduct does this consider to be a defense to prosecution. TO my understanding, say you were a boxer, or teaching karate, etc, it would be relevant to protect you from being charged with assault. If this were a fight between family member, it would still fall under the Class A Misdemeanor I listed above. Note that family violence is highly condemned in the state of Texas.croc870 wrote:Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods.
(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.
For simple assault, it can be helpful, so long as there was no serious bodily injury, but you'll still take the ride, which is what the OP was asking about IMO.
- Sat Nov 22, 2014 11:56 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
What do you mean what didn't occur? Or are you referencing to me? (Charlie)JP171 wrote:Charles, you cannot "enhance" what didn't occur period full stop
- Sat Nov 22, 2014 8:15 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
It is an enhancement, so therefore it cannot be considered simple assault. The family part makes all the difference. If you were in a boxing ring, it is a lot different then bloodying your brothers face over a football game. An enhancement should be treated like any other. If there were a deadly weapon involved, though it's still a form of assault, just enhanced, doesn't mean it can be ignore because it was mutual. Assault can be as simple as a shove, a push... I am I the only one that see's it this way?croc870 wrote:Why do you think that this defense would not apply to a family violence incident? Family violence is an enhancement, not a separate offense for assault. Perhaps I'm misunderstanding something you're referring to?
- Sat Nov 22, 2014 8:13 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
<EDIT>
<EDIT> (DOUBLE POST)
- Thu Nov 20, 2014 9:09 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
Agreed, there is no winning in this situation, as inflicting any bodily injury upon another person can be considered a crime in the state of Texas. In the end, you can beat the rap, but not the ride.KD5NRH wrote:OK, so what governs two people putting on boxing gloves and pads, and having a match out in the back yard? No advertising or admission fees; just two people consensually doing things to each other calculated to cause bodily injury? (By the definition of bodily injury presented in the penal code, ("physical pain, illness, or any impairment of physical condition") the only non-assaultive way you could ever win a boxing match is by standing around until your opponent gets bored and leaves.)
- Thu Nov 20, 2014 9:06 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
Not only is this just defense to prosecution, but it is not entirely relevant. Only under Assault, Aggravated Assault, or Deadly Conduct does this consider to be a defense to prosecution. TO my understanding, say you were a boxer, or teaching karate, etc, it would be relevant to protect you from being charged with assault. If this were a fight between family member, it would still fall under the Class A Misdemeanor I listed above. Note that family violence is highly condemned in the state of Texas.croc870 wrote:Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods.
(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.
For simple assault, it can be helpful, so long as there was no serious bodily injury, but you'll still take the ride, which is what the OP was asking about IMO.
- Thu Nov 20, 2014 8:39 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
Depending on the circumstances. If there is a fight between to family members resulting in bodily injury, it could be charged as I have stated above. Disorderly conduct is not just turning a blind eye to the situation, and saying no harm no foul.DocV wrote:I believe the appropriate LEO statement for such behavior would be "Disorderly Conduct"
- Thu Nov 20, 2014 8:04 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
The Penal code still does not show anything that I can see or know of, that supports what the OP has in question. Unless you can provide a quote and better explain it to us, showing that there is such thing the OP asked about, then we/I will continue to assume that you are just bringing this like to the penal code to show that there is no such thing. Anytime anybody wants to browse through the codes, just follow the link bellow and have fun looking at all the laws!croc870 wrote:The section you are looking for is 22.06 of the the Texas Penal Code:
http://www.statutes.legis.state.tx.us/D ... /PE.22.htm
http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;
- Wed Nov 19, 2014 10:02 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
At that note, just getting in a fist fight with your brother over a stupid prank and causing injury, can land you in jail with:suthdj wrote:I think he means when is mutual combat not a crime or can be let off without charges.Charlies.Contingency wrote:Maybe I just don't quite understand your wording correctly. Could you ask me again a little more straight forward and literal so as I might be able to answer your question? Thanks.saltydog452 wrote:Fights, scuffles, and contests can happen.
Isn't there still some kind of statue that, at least partially, allows LEOs to 'wink 'at adults acting in a schoolyard manner where somebody(s) is going home with a fat lip and a black eye?
Thanks,
salty
Codes: 13990031
Offense: "Assault Causes Bodily Injury Family Member"
Citation: 22.01(a)(1)
Statute: PC (Penal Code)
L/D: MA (Misdemeanor Class A)
(Assuming my information is still up to date of course, this would be what I'd enter during the booking process.)
However, it can be viewed at the officers discretion. After all, if it's not on paper, it never happened. That kind of stuff still happens, but I'm not aware of anything that literally allows me to just look the other way. If the officer doesn't feel like going through with it, that's on the officer IMO.
Note: None of the above should to be considered Factual, as it is personal opinion.
- Wed Nov 19, 2014 9:49 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: 'Equal Combat' or similar worded LEO stmts
- Replies: 31
- Views: 8025
Re: 'Equal Combat' or similar worded LEO stmts
Maybe I just don't quite understand your wording correctly. Could you ask me again a little more straight forward and literal so as I might be able to answer your question? Thanks.saltydog452 wrote:Fights, scuffles, and contests can happen.
Isn't there still some kind of statue that, at least partially, allows LEOs to 'wink 'at adults acting in a schoolyard manner where somebody(s) is going home with a fat lip and a black eye?
Thanks,
salty