| Most of us have been in a situation at one time | | | | best place to hit someone these days, rather |
| or another where physical violence seemed like a | | | | than the face. |
| good option. Some guy gets in your face and | | | | Situational Game Plans - Planning Ahead Is Key |
| starts pushing you, threatening you or your | | | | Planning ahead is very important if you are going |
| family, or actually physically attacks you, and your | | | | to use the justice system as a weapon, because |
| natural reaction is to deck the guy. Decking | | | | fighting without fighting involves doing the EXACT |
| someone is almost NEVER a good idea in today's | | | | OPPOSITE of what your instincts will tell you to |
| society. There is just no place for physical | | | | do. You should make a game plan for a conflict |
| violence in American society. The only individuals | | | | situation that involves doing some variation of the |
| that are allowed to use it are the police, and even | | | | techniques I list below so that you can be |
| they are very closely scrutinized when they are | | | | prepared and keep yourself out of jail. |
| forced to use it. | | | | It is VERY IMPORTANT that you do not fight |
| Bearing this in mind, I offer an alternative to | | | | back or counter-threaten if you are attacked or |
| fighting that actually uses the American Justice | | | | threatened. If you fight back or threaten your |
| System itself as a weapon, instead of your fists, | | | | assailant, you can be arrested and charged with |
| and keeps on hurting your attacker long after | | | | assault as well. You want only your attacker to |
| your actual conflict is over. Although I have two | | | | be arrested and charged - not you. |
| black belts, study Muay Thai, and can generally | | | | If someone gets belligerent with you, I advise you |
| take care of myself - I've learned that you need | | | | to try to avoid conflict by leaving the situation and |
| to think very carefully before you use any martial | | | | getting out of danger. After all, the Chinese |
| training you have in the real world. Before we get | | | | ideograms for "Martial Arts" literally translate as |
| into the technique of using the justice system as | | | | "Prevent/Conflict." If you have tried to avoid |
| a weapon, it's very important to go over the | | | | conflict and resolve the situation peacefully or |
| definitions of assault and aggravated assault, and | | | | simply tried to leave the scene and the person |
| the punishments that these crimes typically carry. | | | | threatens to hurt you or actually tries to hurt |
| Definition of Assault and Aggravated Assault | | | | you, then you have been assaulted. Carefully |
| In almost all American states, an assault or | | | | follow the game plans below, and your assailant |
| battery is committed when one person either | | | | will end up in a lot of legal trouble, and you will not |
| tries to or actually does physically strike another | | | | have any long-term consequences, except maybe |
| individual, or acts in a manner to put another | | | | a bruise or some dusty clothes. |
| individual in fear of immediate harm. Many states | | | | Game Plan 1: If you are threatened |
| say that a more serious or "aggravated" assault | | | | Do not respond to the person with a threat of |
| or battery happens when one tries to or does | | | | your own. If there are no witnesses around, you |
| cause severe injury to another individual, or | | | | should silently withdraw to somewhere that |
| causes injury through the use of a deadly | | | | bystanders are present and remain there. If the |
| weapon. In the past, laws treated the threat of | | | | assailant pursues you and threatens you again, |
| physical injury as "assault", and the completed act | | | | this time you have witnesses. After you feel |
| of physical contact or offensive touching as | | | | certain that bystanders have heard the threat, |
| "battery," but many states no longer denote a | | | | try to get the name and number of some of the |
| difference between the two. | | | | witnesses and leave the scene to make a police |
| I live in Tennessee, so I'll give specific examples | | | | report - see the reporting section below. Even if |
| for my state. Be sure to check your local laws | | | | there are no bystanders nearby, you can still |
| for specific definitions: | | | | make a report with the police, and they will |
| Simple Assault | | | | question your assailant. He may be ignorant |
| In Tennessee, the basic offense of assault is | | | | enough to admit to threatening you because |
| defined as: | | | | most people believe that it is not illegal to |
| | | | threaten someone. He will probably say "Yeah, I |
| 1. Intentionally, knowingly, or recklessly causing | | | | threatened him, but I never touched him!" At the |
| bodily injury to someone; | | | | least, he will get a good scare. Even the toughest |
| 2. Intentionally or knowingly causing another to | | | | characters get butterflies when being questioned |
| reasonably fear imminent injury; or | | | | by the police. |
| 3. Intentionally or knowingly causing physical | | | | Game Plan 2: If you are attacked |
| contact with someone that they would regard as | | | | If someone takes a swing at you, or worse, |
| offensive or provocative. | | | | actually hits you, the thing to do is to immediately |
| This means that even if you only implicitly or | | | | lie down on the ground, curl into a ball, protect |
| explicitly threaten someone, causing them to | | | | your head and face with your fists and forearms, |
| "reasonably fear" bodily injury, then you can be | | | | and SCREAM AT THE TOP OF YOUR LUNGS for |
| charged with assault, even if you do not touch | | | | help and forcefully request that someone call 911 |
| them. (TCA 39-13-101) | | | | because you are being attacked. This is going to |
| Aggravated Assault | | | | draw a lot of attention, and create lots of |
| In Tennessee, aggravated assault is a more | | | | witnesses. Your attacker will either stop attacking |
| serious offense than simple assault. If you commit | | | | you immediately and leave the scene, or continue |
| an assault on someone and: | | | | to attack you while you are on the ground as |
| | | | bystanders witness everything and notify the |
| 1. It results in a serious bodily injury; or | | | | police. Either way, you win, because either your |
| 2. Is committed while brandishing a deadly weapon | | | | attacker will either leave you alone or you are |
| The deadly weapon does not have to be | | | | going to be able to protect yourself from serious |
| physically used against the victim but only has to | | | | injury while on the ground and it is going to look |
| be in plain view during the assault. (TCA | | | | really bad to the judge that your attacker kept |
| 39-13-102) | | | | attacking you while you were down - that will |
| Typical Penalties for Assault and Aggravated | | | | definitely make it aggravated. In this age of cell |
| Assault | | | | phones, someone is going to call 911 if you keep |
| I'll use my home state for examples of typical | | | | screaming for help and pleading for someone to |
| penalties - again, check your local laws for your | | | | call 911. Keep screaming for help until either your |
| state - these penalties are what your assailant is | | | | attacker goes away or the police arrive. If your |
| likely to be faced with if charged with assault or | | | | attacker goes away, see the section below on |
| aggravated assault. | | | | what to do after the attack. If the police arrive, |
| In Tennessee, assault is a Class A misdemeanor | | | | they will usually immediately arrest your attacker |
| punishable by up to one year in jail and fines up to | | | | and take a statement from you and from any |
| $2,500. | | | | witnesses they can find. |
| In Tennessee, the penalty for Aggravated Assault | | | | Reporting To the Police After the Attack |
| depends on the assailant's state of mind when the | | | | As soon as possible after the attack, you should |
| offense is committed. If the prosecution can | | | | write down as much as you can remember about |
| prove that the assailant acted intentionally, the | | | | what happened, when it happened, and who was |
| offense is a Class C felony and is punishable by | | | | there. Then call the police in the local jurisdiction of |
| 3-15 years depending on the assailant's criminal | | | | where the attack or threat took place and set an |
| history. If however, the aggravated assault is | | | | appointment to come in and make a police report. |
| committed recklessly (i.e. not intentionally) then | | | | Show up when you are told to and the police will |
| the charge is a Class D felony and carries a | | | | take your report. Then they will investigate the |
| potential prison sentence of 2-12 years depending | | | | report, talk to the assailant, and any available |
| on any criminal record the assailant might have. | | | | witnesses. If the story is corroborated, the police |
| Actual Sentences | | | | will arrest your assailant, and your assailant will |
| Actual sentences for first-time offenders often | | | | have to post bond (or be stuck in jail pending the |
| end up involving probation, a hefty fine, | | | | sentencing), possibly hire a lawyer, appear before |
| community service, and being remanded to | | | | a judge for an arraignment, appear before a |
| weekly anger management classes for several | | | | judge again to enter a plea, be sentenced, and |
| weeks. For example, a first-time offender who is | | | | serve the sentence. This is a high price to pay for |
| convicted of simple assault will likely be sentenced | | | | losing ones temper. However, if you hit your |
| to one year of probation, have to pay a $500 | | | | assailant back or threaten them, the police can |
| fine, have to complete 100 hours of community | | | | charge you with assault, and you will both end up |
| service (i.e. slave labor that his probation officer | | | | in the same boat. If you follow the game plans |
| must approve) and 12 weeks of anger | | | | above, you can stay out of trouble, and cause a |
| management classes. Probation usually costs | | | | tremendous amount of inconvenience and |
| between $40 and $80 a month, and anger | | | | expense to your assailant. |
| management classes typically cost between $40 | | | | Final Important Note |
| and $80 a week. The assailant may also have to | | | | It is very important that you NEVER try to goad |
| report to the probation officer once or twice a | | | | someone into threatening you or hitting you. The |
| month. The assailant will have to pay for all of | | | | police frown upon this kind of behavior and will be |
| these probation fees, fines, anger management | | | | able to argue that you provoked your attacker, |
| class fees, complete his assigned community | | | | increasing the chances that you will get in trouble |
| service hours, and report to the probation office | | | | yourself and that your attacker will be let off with |
| when required, or the assailant will end up back in | | | | just a warning. |
| front of a judge and his probation will be revoked, | | | | Be careful out there and think before you act. |
| landing him in jail. | | | | Planning ahead is key in the art of fighting without |
| If the assailant has a prior offense, he will | | | | fighting. Good luck. |
| probably end up in jail for several months, serving | | | | (Please note: This article applies to situations in |
| 60 or 70 % of the sentences mentioned above, | | | | which you are attacked by someone who is NOT |
| which really puts a damper on his income, and | | | | using a deadly weapon. If someone is attacking |
| then have to be on probation for two or three | | | | you with a deadly weapon, run away if possible or |
| years after he gets out of jail. | | | | be cooperative and calm until you can get help or |
| Either way, the penalty is going to hurt your | | | | your attacker leaves. |
| assailant's wallet big-time, and the wallet is the | | | | |