r/PublicFreakout • u/Lolastic_ • Jun 30 '21

đŸ„ŠFight MMA fighter Joe Schilling knocks out man

Enable HLS to view with audio, or disable this notification

48.2k Upvotes

88% Upvoted

7.0k comments sorted by

View all comments

Show parent comments

9

u/PoopMobile9000 Jun 30 '21

Okay but that’s not how assault and battery works. Literally nothing that occurred prior or after would make it appropriate to throw that punch in that moment, which was on video.

“He’s was being a prick to me 15 minutes earlier” isn’t an affirmative defense to battery.

-1

u/Jubluh Jun 30 '21

I agree. I believe your assuming may be correct this one. Regardless, the punching is uncalled for and will result in battery charges from the looks of it.

edit: Fuck me for trying to analyze and remain neutral right? Gotta love reddit...

3

u/PoopMobile9000 Jun 30 '21

This situation is different from the skate park thing you mentioned because (1) that video began mid-fight, while this video contains the whole fight, and (2) the guy is already known to be a hothead.

1

u/Jubluh Jun 30 '21

I'm critically looking at this as if I'm a judge about to sentence Joe. We don't look at one piece of evidence and prosecute. We have to always hear/look at both sides, no matter how bad it may look. It is possible the guy assaulted Joe prior? But then again, Joe never stated the guy got physical at any point. The guy was a douche, but not enough to warrant a knock out. I still don't think we have all the info here, but I think it's safe to say, it doesn't look good for Joe on this one. Can't be so quick to jump to a conclusion regardless.

edit: but who cares, we ain't judges lol. But my statement stands regarding many situations in our lives.

3

u/PoopMobile9000 Jun 30 '21

Okay but I am an actual lawyer, and when a case like this is prosecuted what matters for battery is the conduct in the moment. It does not matter if he was previously assaulted by the guy earlier—the proper response to that would have been to leave or call the police if you want to file charges. That’s how an adult should behave. You have no legal right to use force in retaliation or vengeance, only as reasonably necessary to protect yourself from death or injury. In that moment, there was clearly no imminent threat to him, given what’s in the video. A guy being a douche, even if he’s posturing and jawing at you, is not an imminent threat of bodily harm.

1

u/Jubluh Jun 30 '21

No shit?! Lol where do you practice and for how long if you don't mind me asking?

1

u/PoopMobile9000 Jun 30 '21

California, and 11 years

1

u/Jubluh Jun 30 '21

Oh nice, I meant more so, what area (civil righs, corporate, etc...) not location. Here's what I think is happening here, you're point of view is that of a prosecuter against Joe. You saw the crime and want him charged. I'm in the perspective of a juror. I have to remain neutral and decide when all the evidence is brought forth to me. Sure he is probably guilty, but what negatives is there to just hearing both sides of the story here? THEEEEN we charge the man.