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Sorry to ask such a dumb question but Municipal judge says self-defense not defense to Class C disturbing the peace by fighting in a public place. Can't access Westlaw just now. Is that really the law? Thanks | ||
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Member |
I don't see any prohibition under the disorderly conduct section of the Penal Code (where I would expect it would state a defense does NOT apply in that narrow circumstance), nor in the self-defense section. In fact, wasn't there a case not too long ago in which someone used self-defense as a defense in a criminal mischief case, and it was allowed? It doesn't appear to be restricted, and if the judge takes that position, then you're basically saying that if you're in public you have no right to defend yourself. That makes no sense. | |||
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