How The Law Really Works With Self Defense
NOTE: I am not an attorney but I know a few damn good ones
. In fact, you'll meet one of them at the Training Summit 2012.
"You'll get sued for doing that!" Or "That will land you in jail, fast!" These are the comments we get from people who say the SDTS Combatives program is too violent.
Let's get one thing straight here, no matter what you do, if you defend yourself with SDTS Combatives, Who-flung-poo kung fu or a frying pan, any action can lead you into a court room. Any martial arts you take, will be used to paint you as a violent person. Heck, even Ron Goldman who was killed by OJ (OK, OJ was found innocent) was painted by the defense as being capable of defending himself because he had a green belt (or something close to it) in Tae Kwon Do. So even if you take SDTS Combatives, Aikido or TaeBo your actions, skills and motivations will be brought into question.
Right or wrong, you're STILL going to have to spend money on an attorney.
If you do defend yourself, you're still going to have to defend your actions in a court of law. Depending on the circumstances and severity of the injuries sustained by the person who attacked you, you could be exonerated or held for some form of assault to homicide. The terms vary from state to state, so either he got bumped and bruised or he's dead. It's obvious that you're facing much stiffer charges if you actually kill another human being. Either way you're still going to have to hire an attorney.
This is what will typically happen:
-You're arrested.
- You're processed and arraigned before a judge. Here's where bail is set and you are formally charged.
- You post bail or (10%) of the bail with a bail bondsmen (at a rate) and if you're a flight risk, the bail or the percentage will be higher or you won't get bail at all.
- You get an attorney (either court appointed- OUCH! or you find someone who specializes in criminal law).
- You file your motions with the court and your lawyer builds a case. This could take years. Over the course of time the majority of the case relies on the evidence. Remember, it's not what happened, it's what you can prove.
- Then, no matter how a criminal case ends, you can still be sued in most states. Yes, even by the guy you floored after he broke into your house and threatened your family.
The bottom line is this: if you defend yourself in ANY MANNER you run the risk of having to defend your actions in court. Let's just imagine you can toss them to the ground with a wrist lock or ahem, a pressure point. Your attacker will get bumped and bruised. And without knowing how to take a proper fall, they can still be killed when they smack their head on a brick wall or a concrete floor as seen demonstrated by Aikido, Judo and Jujutsu experts. Anytime you put your hands on someone you run the risk of seriously being injured and seriously injuring your target. Either way, there is a great chance after ANY conflict you will have to defend your actions in a court of law.
The t-shirt slogan, "I would rather be judged by twelve than carried by six," is something you need to consider. I know it's cliche and a little cheesy, but that doesn't make it untrue.
I'm going to sue you!!!
Sure you are Judge Judy. The only time you will be sued is if you have money. Lawyers don't work for free and are not in the habit of suing broke people. Depending on the attorney, he's not going to take a case on a contingency (that's the one where you only pay him only if you win) unless he knows he'll be making 50 to 100 thousand dollars plus. These cases are long and risk recovering no money, so a lot of times he's looking for a quick settlement to make the most on his time. The longer the case drags on, the higher the settlement amount goes, the less likely he will get paid.
A lawyer choosing which cases to take comes down to two factors: if he can easily prove his case and if he feels he will get paid for his time. Let's put it this way, if you own your home and earn an average income with a mortgage and a car chances are you don't have a few hundred thousand lying in the bank waiting to be given to some lawyer. If you do, you better be insured and covered just in case anyone does try to sue you. That can range from someone getting bitten by your dog to you beating someone to a pulp.
The law focuses on intent and reasonableness under the totality of the circumstances and NOT what technique or style you use. You can still defend yourself and there are justifiable circumstances. Your vindication depends directly on what you do BEFORE and AFTER the attack, not during the attack. In the SDTS, we cover that too. Because defensive tactics are more than just technique.
by: Matthew McKernan
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