LeagueOf1291
Regular Member
If you beat up somebody in self-defense or in defense of another after you've consumed alcohol, the issue is still whether your action was reasonably necessary for your defense or the defense of a third person. Even if you're drunk, you have a right to defend yourself.
If you've been drinking, and someone breaks into your home and you shoot him, the level of your intoxication doesn't figure -- it's just a matter of whether a "reasonable person" would have been justified in shooting him.
Now you're at the Market Street Cafe. You and your wife have polished off a cocktail, then a bottle of wine with dinner, and a Bad Guy comes in with a gun to rob the clientele. He shoots a waiter and two customers.
You're not allowed to put a hole in him to defend yourself and your wife? You can attack him with a fork, but not a gun?
If you've been drinking, and someone breaks into your home and you shoot him, the level of your intoxication doesn't figure -- it's just a matter of whether a "reasonable person" would have been justified in shooting him.
Now you're at the Market Street Cafe. You and your wife have polished off a cocktail, then a bottle of wine with dinner, and a Bad Guy comes in with a gun to rob the clientele. He shoots a waiter and two customers.
You're not allowed to put a hole in him to defend yourself and your wife? You can attack him with a fork, but not a gun?