QUESTION
Am I to blame for a fight if I was provoked?
Asked on Feb 05th, 2012 on Criminal Law - Maryland
More details to this question:
A kid at my bus stop is always insulting me, and everyone at my school(has been for years), and one day, he provoked me to step infront of him and he bumped (pushed technically) me, and I pushed him, and we got into a fist fight. Is he to blame for provoking me? Or am I to blame for stepping up to him?
1 ANSWER
This sounds like a classic case of "mutual affray." Basically, an assault is an unconsented touching. But when someone instigates a fight (the classic example is when someone in a bar says, "let's step outside."), they have essentially consented to the touching. You should find a lawyer who is experienced in presenting this defense.
Answered on Feb 15th, 2012 at 10:50 AM