Walk It Through: The Fight Outside The Bar
A threat, a shove, standing one's ground, the noise, and the victim's rights.
Outside a bar, a stranger steps close, raises a fist and says he is about to hit someone.
Two things a person in this spot might do. Picking one shows what the law says about it.
One fight in one parking lot. Aggravated assault with a weapon, deadly force, the presumption in a home or car, and civil claims for the injury are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Castle doctrineThe presumption that a person using force in defense of a home, a place of business or an occupied vehicle acted reasonably against someone whose entry was unlawful and made by force, violently, by stealth, or to commit a felony.
- Stand your groundThe rule that a person need not retreat from any place they have a right to be, and may defend themselves or another with the force that would appear necessary to a reasonable person in a similar situation.
- Disturbing the peaceMaliciously and willfully disturbing the peace or quiet of a neighborhood, a family or a person by loud or unusual noise, tumultuous or offensive conduct, threatening, quarreling, challenging to fight or fighting. It is a misdemeanor.
- Deadly weaponUnder the concealed weapons chapter, any dirk, dirk knife, bowie knife or dagger, and any instrument designed or intended to be readily capable of causing death or serious bodily injury.
- FelonyA crime punishable by death or by imprisonment in the state prison. Unless a section sets another punishment, it carries up to five years, a fine of up to $50,000, or both.
- MisdemeanorAny crime that is not a felony. Unless a section sets another punishment, it carries up to six months in county jail, a fine of up to $1,000, or both.
- VictimA person against whom a crime or juvenile offense was committed, with rights to fairness, notice, presence and to be heard, exercised by a written request filed with the court clerk.
- Own recognizanceRelease without bail on the person's promise to appear, which a court weighs against appearance, the integrity of the process, the protection of victims and witnesses, and public safety.
- Victim impact statementThe victim's statement of the impact of the crime, which goes into the presentence report the victim may read before sentencing.