I'd only use a joint lock in a street fight if my intent was, and the situation justified, breaking it as badly as possible in order to end the fight or at least bias the rest of it heavily in my favour. If you want to pin someone then use a pinning technique, holding someone in an armbar position is completely contingent on your willingness to follow through with breaking their arm.
Look at the Penal Code where you live. Don't assume. For example NY:
S 121.11 Criminal obstruction of breathing or blood circulation.
A person is guilty of criminal obstruction of breathing or blood
circulation when, with intent to impede the normal breathing or
circulation of the blood of another person, he or she:
a. applies pressure on the throat or neck of such person; or
b. blocks the nose or mouth of such person.
Criminal obstruction of breathing or blood circulation
is a class A misdemeanor.
S 121.12 Strangulation in the second degree.
A person is guilty of strangulation in the second degree when he or
she commits the crime of criminal obstruction of breathing or blood
circulation, as defined in section 121.11 of this article, and thereby
causes stupor, loss of consciousness for any period of time, or any
other physical injury or impairment.
Strangulation in the second degree is a class D felony.
*Class D Violent Felony
S 121.13 Strangulation in the first degree.
A person is guilty of strangulation in the first degree when he or she
commits the crime of criminal obstruction of breathing or blood
circulation, as defined in section 121.11 of this article, and thereby
causes serious physical injury to such other person.
Strangulation in the first degree is a class C felony.
*Class C Violent Felony
S 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes
such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. With criminal negligence, he causes physical injury to another
person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.
etc..
See these Articles as well:
35.10 Justification; use of physical force generally.
35.15 Justification; use of physical force in defense of a person
35.20 Justification; use of physical force in defense of premises and
in defense of a person in the course of burglary.
35.25 Justification; use of physical force to prevent or terminate
larceny or criminal mischief.
They tell you specific details of when you are justified.
You should get out of there as soon as you can.
Why do you want to stick around? To tell the cops your side of the story when they arrive?
Talking to the cops at the scene is never a good idea. Leave the scene, and you won't have that problem. There is no obligation to stay at the scene. In fact it probably slightly hurts your self-defense claim, since if you truly feared for your safety, you'd probably flee as soon as possible. At the very least, a prosecutor can argue this way.
If somehow you do end up running into the cops, don't say anything. Keep your mouth shut. Invoke your First Amendment right. Don't say shit until you get a lawyer.
There is no legal penalty for leaving the scene of a self-defense situation and then staying silent if questioned. Let your lawyer figure it out if it comes to that. It will ALWAYS be better if you do this.
Trying to "get the cop on your side" is the absolute worst thing you can possibly do in this case. Ask any defense attorney. What you say on the scene will become evidence in the case and likely used against you. Say nothing, and you have not added any evidence.
You can always testify to add additional evidence in your defense after the fact. Your lawyer will let you know if this is a good idea. One thing cannot you do is take back anything dumb you said at the scene, under stress, before you talked to a lawyer.
So leave and say nothing to the cops. Get a lawyer before you say anything if it comes to that. Do this every time.
Even if they do not charge you, often he can and sue you for damages.
Also, if you talk to a cop friend, they will probably advise you the opposite of the above. This is because it makes the cop's job a lot easier if you talk at the scene.
But their gain is your loss. Cops are always sorting these things out at the scene, trying to play judge and jury about who is at fault. But it's a very arbitrary process that gives you no rights. So it's always better for you if you refuse to play along.
I am pretty pro law enforcement and in fact work in the field for my job, but when it comes to something like this, you need to look out for yourself first. Take the advice of defense attorneys (shut your mouth) over the advice of any cops (tell me what happened and I promise I'll be fair).
That's crazy. You're exactly right. I got the advice FROM a cop friend of mine. We trained together for a long time and he was like "yeah, just stay at the scene, use the following language, etc."
obviously I'd worry about being shot or roughed up thinking I was the suspect, or wanting to cooperate to make things easier. I always just thought my friend's advice would be in my best interest, but now I guess I don't know.
I watched that video about not talking and I'm taking it to heart.
LolWhy not choke him out and say it was accident? Assuming there's nobody else there that is.