View Single Post
Kit Fisto
Member
 
Join Date: Oct 2005
Location: Fairfax, VA
 
2005-12-20, 02:34

Quote:
Originally Posted by seabass069
I would have run after him and beat the liv'in snot out of him. I would have given him an early christmas gift, my free boot in his ass!! Then I would have called the cops and had him thrown in jail.
If you did that, in many jurisdictions you could be arrested for assault (or as they called it generically, battery). This was because in the time it took him to be walking away with his back to you, you are supposed to realize you are not facing further use of physical force. Therefore, you cannot respond with force.

Since in this scenario, he committed a misdemeanor in your presence, you could have run after him and said you were making a citizens arrest and tried to hold him or block him. Then if he resisted you could use reasonable force to hold him for the police or bring him to the police.
  quote