Welcome to another episode of the Legal Zone. Joining our panel is Dr. Winston to discuss civil & criminal suits and slap heard around the world.
#ChrisRock #WillSmith #slap #assault #battery #aggravatedassualt #criminal
People have written in asking---why is he not prosecuted?
The difference between a civil suit and a criminal suit?
Civil vs. Criminal
How does one initiate a criminal suit?
Assault—the intentional placing of another in fear of bodily harm
Battery—the intentional unwelcomed touching of another
Self-defense—justifiable battery---two things to remember with self defense---1) the threat of harm must be real, 2) the defense must be in proportion to the offense.
Can one use the defense of self defense to defend a third party? Yes!
There is no defending his so called “self defense.” There is no defense he can bring IF the State were to do it’s job and prosecute the crime. He would be as defenseless as Ragan McMillion in the Salandy case. There is no justification. No defense.
But, there IS a defense called self defense. Two things to note with self defense (you all are getting it all today)
One—you can defend someone else under the “self-defense” defense. In most cities, you CAN defend a third party. If Dr. Chaney and I are walking down the street in Washington, D.C., and a big Rottweiler or Pit Bull comes rushing out of nowhere and latches on to Dr. Chaney’s arm, I can use a self defense move, big shot out to Topaz Navarro, my BJJ instructor, and spear the dog, or sprawl on the dog, and if the dog dies and the owner wants to sue me, I can bring the defense of self-defense.
I can argue that Dr. Chaney is an important part of our show, I saw that her life and/or well being was in danger, and I did what I did to protect her. That is self-defense, though of another person. So you CAN defend your actions with self-defense even if it is to protect someone other than your self.
That’s one.
Two, the self-defense MUST be in proportion to the imminent threat. What does that mean? One, the threat of bodily danger must be real and imminent, meaning that it would and could happen soon, immediately. The dog running towards Dr. Chaney is imminent! A dog barking in a distance, out of sight, you just hear barking but don’t even know if the dog is in your vicinity is not imminent. The threat MUST be imminent and it must be real and it must likely result in death or serious bodily harm.
Also, the defense MUST be in proportion to the imminent threat. This means, if 12-year old little girl threatens John with a Barbie Doll, literally raises the Doll to hit him, he cannot stab her with a butcher knife and claim self defense. The defense must be in proportion to the imminent threat. A 12-year old girl coming at John? His defense would be maybe grabbing the girl and taking the doll away from her. Holding her. And if she gets hurt, bruised, by him restraining her, self defense would be a justifiable defense.
The defense must be in proportion to the imminent danger.
And this is what makes Will’s actions so indefensible. His wife’s life or body was not in imminent danger of harm. And even if we somehow say that her feelings were in imminent danger or was actually harmed, then the defense must have been in proportion. He could have and should have used his mouth to defend his wife because Chris used his mouth to offend her.
And what is sad is that Will Smith has the intellect to do just that! He is an intelligent man.
He can solve a Rubik’s cube in under 5 minutes. He had high SAT scores and was given a scholarship at MIT. He has the ability to effectively communicate his feelings.
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Video distributed by https://www.bloxnews.net & https://www.professionalist.org
Video Participants:
Attorney John Salatti
Dr. Arlena Cheney
Attorney Solon Phillips
Dr. Winston
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The attorneys at Remus Enterprises Law Group pride themselves in possessing the art of telling a compelling story.
With over 30 years of experience, the attorneys at Remus Enterprises Law Group provide skilled guidance on matters related to #familylaw, #familylitigation, #realestate, #business #corporatecompliance, #civilrights, #civillitigation, #medicalmalpractice, #personalinjury, #birthinjury, #slipandfall, #workerscompensation, and other areas of law.
We represent clients in all areas of law in Washington D.C, Maryland, Alabama & Washington State and while we take on a wide variety of cases, we make sure that each and every client receives detailed attention.
Visit our website at remuslaw.com or call us at 1-833-329-1799 to schedule a free consultation to learn how we can accomplish your legal goals and the official page of Solon Phillips.
Founder and Managing Partner
Solon Phillips, Partner of the General Litigation Group at Remus Law Group, is an experienced legal professional with extensive experience working in large law firms while devoting much of his spare time to volunteer work in public service.
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