http://www.sherdog.net/forums/showthread.php?p=8462786
Originally Posted by Gregster
This has, of course, come up before...I've asked I guy who I'm pretty good friends with (as well as you can be friends with someone you know through messageboard and met in person once) who's worked both sides of the bench in crimminal and civil court (prosecutor for the state, private defense attorney) and the only solid answer is there pretty much isn't one. Considering all the possible variables, which differ in almost any fight, adjudicated differently from state to state, there's no firm answer except that if you can avoid it, DON'T FIGHT.
There are only guidelines, which the previous posts more or less already detailed:
1) You are expected to make every attempt to flee the scene; otherwise, you're not likely justified in fighting.
2) You may only use "proportional force;" if some dude shoves you, and you beat the ever-loving shit out of him, guess who's going to jail (hint: not the guy who shoved).
3) If you think "He was asking for it" constitutes a legal defense, guess again.
Never mind that crimminal trials are argued by two attorneys, one of whom might be very good (or not) at convincing 12 random strangers with their own biases and prejudices who was right and who was wrong.
And as martial artists, we're at a decided disadvantage. You get into a scuffle with some loudmouth in a bar and wind up armbarring him and fucking up his shoulder, and he presses charges, what do you think his lawyer is going to say? "So, Mr. Sherdogger, is it not true that you practice Brazilian Ju Jitsu? A brutal martial art preferred by so-called 'Ultimate Fighters' and 'No-Rules' competitors? Ladies and Gentleman of the Jury, I give you Exhibit A: this video of Bas Rutten ripping an opponents' leg off and beating him with it using something called a 'heel hook,' which the defendent allegedly used in the altercation against my client, a former choirboy in his church..."
The great thing about BJJ, though, is that you can sub people without hurting them too bad; I advise going this route and resisting the urge to inflict major damage, even if the dude "asked for it." If it goes to court, you'll be shown as having exercised restraint.
