Can I physically assault someone if verbally threatened (such as them yelling)?

Can I physically assault someone if verbally threatened (such as them yelling)?

Yes indeed!

In fact you can shoot them!

But only if they're carrying a bag of Skittles!

Being provoked is an excuse, not a defence.

So suppose someone yells in your face, and you hit them.

A court decides any criminal matter in two steps: plea, and sentence.

If you pleaded not guilty, the court would say, the fact you were provoked is no defence. On the facts as we have supposed, the court would find you guilty because

a) you hit the person, and

b) you intended to hit the person,

so that establishes the two necessary elements of the crime of battery, namely a) the action, and b) the mental state, the intention.

But when when it comes to sentence, you or your lawyer can say, although he's guilty, still the sentence should be lenient, because he was provoked.

And there is a long line of cases that accept that it's appropriate to be lenient when provoked. On this basis, you can ask the court in sentencing to dismiss the charge. And often, they will do this.

So in that case, the effect is the same as if you were found not guilty, because the charge is dismissed, and there is no criminal record.

The general rule is this: You are allowed to defend yourself with force if you reasonably believed you were facing imminent harm. That right to use force stops the moment the threat is over.

For an answer, you need to run through the scenario as it exists.

If a 100 lb woman is faced with a 200 lb atheletic guy, and he's says he's going to rape her, I think she can reasonably use force to stop that. Pepper spray. Hit him with a club. Even whip out a gun.

Conversely, if a 100 lb women is facing a 200 lb atheletic guy and she's yelling at him that she's going to beat him up....I'd tread very carefuly if I'm that guy before laying a finger on her.

Nope.

Yes you can. You can also go to jail for it too.

No

No

Not usually, no.

Not legally, no.

No.