Assault if some one uses martial arts in an assault what would the charges be?

mebe1042

Simple Battery. If the person was seriously injured in WI we have what is called Substantial Battery which is a Felony.

r.dean94

assualt is assualt, it doesnt matter if you use a roundhouse kick, a baseball bat or a pair of steel toecaps. the thing which determines the serverity is the amount of injury caused and why it happened

English till i die

no because someone could come along and punch you once and do alot more damage than someone else who uses "martial arts"
the law wont change because they would have to think if people do boxing, cage fighting, street fighting

Lot in his cave

What are you all on about?

In the UK there is no such law as assault with a deadly weapon! Also, hands, feet and other parts of the body can NEVER amount to an offensive weapon no matter what your training. Weapons are "manufactured items either created, adapted or intended to be used to cause injury"

You do not need a licence to learn martiual arts. You do not need to warn people about your martial arts training before they attack you. "Â£20 a year Martial Arts insurance" covers injuries sustained during training at the venue and covers your instructors back more than yours! It has nothing to do with what goes on outside the dojo and does not in any way have anything to do with the laws of assault. Nor is it mentioned in the Offences Against the Person act 1861 (where most assault offences originate). Take that Taekwondo boy!

The only time that martial arts training becomes an issue is when you start comparing "impact factors" between attacker and defender when justifying the amount of reasonable force you used to arrest someone or when defending yourself ie. "The guy was 7 feet tall, aggresive and I knew he had martial arts training. Therefore I felt I had to use more force to subdue him"

To answer your question the charge you would face would depend wholly upon your intent and the level of injury caused. And nothing else!!!!

S. 39 Assault (Common Assault) - a reckless or intentional assault

S. 47 Assault (Actual Bodily Harm) - As above but substantial injuries are caused (such as a deep cut, a minor fracture, unconsciousness)

S. 20 Assault (Wounding) - As above but serious injuries are caused, although you did not mean to cause those injuries (broken legs, stab wounds, deep cuts requiring multiple stitches, severe permanent scarring). An example is a single punch to the face that results in a broken jaw and fractured skull from the fall.

S.18 Assaul (GBH with intent) - As per wounding but you meant to cause serious injuries. Most attacks with weapons are S18 becasue stabbing somebody really only has one intention.

Manslaughter - A reckless or intentional assault that leads to death. the difference between this and murder is you did not intend to kill or seriously injure the victim

Murder - unlawful killing whereby you meant to kill or seriously injure the victim.

The only way martial arts fits in here is with the "Intent" part. For example, you punch somebody to the neck and kill them. If the victim died then usually this would end up as manslaughter charge as it is difficult to show that a single punch was intended to seriously injure. But if the prosectution could show that you aimed for their throat because you know - through your Martial Arts training - that this can collapse the wind pipe and suffocate the victim then it may instead be a Murder charge. It is easier to show this punch was intended to seriously injure or kill, which is all the intent required for murder.

In terms of sentencing then a judge *may* perhaps bear in mind martial arts training when a person has been convicted of any of the above assaults. Especially if the victim had no chance of fighting back becasue of the martial arts training.

If you get attacked yourself and use MA to defend yourself I wouldn't worry too much about charges being brought against yourself so long as you don't go overboard. Most MA teach "self defence " and do not teach you to go further than that. Those that do really are encourahging their stidents to break the law if they get into a fight. Kicking or striking a person whilst they are on the ground, or whilst unconscious, is rarely justifyable as self defence and is one of the indicators that a judge should consider imprisonment when handing out a sentence regardless of a defendants training.

To give you a real life example in the application of some fo the above - I dealt with a Ju-Jutsu instructor arrested for assaulting his students (he broke a 9 year-olds ribs and hit another with a stick for disobedience). During conversation he tried to explain to me that if someone points a finger at you in a threatening manner you are legally allowed to snap it off and then punch him in the neck (as per above fatal example). Needless to say this guy was not correct in his statement. He was bailed and faield to attend court. When we caught up with him again tried to fight to resist arrest and we used his training (and mindset) as justification for breaking his wrist during the struggle. Ultimately he went to prison, not for using martial arts but for the fact he was in a position of authority and the victims were much smaller. We used his martial arts training to help us when he made a complaint against us.

SARAH L

benny

G.B.H.

vdv_desantnik

no, the charge wouldnt be any different

bugaboo

No, knowing UK law as it is they'd get a commendation medal and compensation for not choking the victim out quicker..

CoreyGlen

I would say that if anyone used Martial arts in an assault then they realy do not know martial arts.Martial arts first teaches self control and discipline.Anyone who uses a martial art is going outside thie discipline and relay does not the code of mar shell art

7.62 MM

Assualt with a Deadly weapon.

Country Mama

depending on the meaning.

Yes, if they are using on someone for no reason.

No if they were defending themselves. when someone was assaulting them.

With martial arts they teach how to defend themselves

the swanky bastard!

assault with a deadly weapon?

"isitme"

There's a lot of myhts around the use of Martial Arts, most of them started by those who pratice them to make themselves feel important and better than the rest.

'Spunkwitch' (interesting name!) is spot on.

Dan C

yes they would get into more troble with the police as they are trained a no what they are doing thats only if the police no about your martial arts and normally can only charge you worse if you fight perfesiony

BigCheez69

It's possible yes. I used to train with a guy who was fairly qualified in a few martial arts. He was attacked and did some serious damage. He was charged with the usual GBH plus "being a dangerous weapon" even though he didn't start the fight. You're supposed to warn people before hand if you are trained in a martial art so they can opt out of the fight!
If a warning is given then judgement is passed as if it is a normal scrap, usually.
Good lawyer recommended...

Apollo

Martial arts is classed as a weapon, and can only be used in self defence 'legally'.

s.j.compton@btinternet.com

Yes, because of their martial arts training it would be classed ans assault with a deadly weapon. That is why all martial art students have to have insurance. They can train up to 4 weeks under their instructors insurance after that they have get their own. It is only Â£20 a year and you get it by joining the UK martial arts Association

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