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Old January 20, 2015, 06:49 PM   #51
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Posted by TimSr:
Quote:
Please explain. I witness a crime. The guy is leaving and I take his picture. He sees me do it, and comes after me and says he's put my phone where it will cause me great pain. Did I escalate the situation and therefore, forfeit my right to claim self defense?
Earlier, you mentioned yelling at him as he departs. Not prudent.

If he turns and attacks you simply because thou took a picture, and if he has the ability and the opportunity to injure you seriously and if it reasonably appears to you that he is about to do so, you most certainly have a right to claim self defense. Whether you will prevail will depend on what evidence you are able to produce after the fact, and on what others say they saw. And if you do prevail, you may be seriously impoverished.

Is it clear that his yelling at you would not suffice?

And then there is physical risk--he and/or his accomplices could cause you all kinds of pain and anguish.

Take a pic is a good idea, but it would be much, much wiser to do it surreptitiously.
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