Self Defense Question?

Question

I have heard that in Canada/U.S. , once you start taking martial arts or reach a certain level in martial arts, your body is considered a weapon and fighting somebody could get you charged with assault with a weapon. Is there any truth to this? Please give legal sources if possible.

Answer 1

This is not true.  Weapon is defined in all the criminal law books.

(7) DEADLY WEAPON. A firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury. The term includes, but is not limited to, a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any billy, black-jack, bludgeon, or metal knuckles.

You are speaking of this

(6) DEADLY PHYSICAL FORCE. Physical force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

Answer 2

There is no such "law". However there is a concept in the law known as "Held to a Higher Standard". What this means is that a court can take a persons training that is above and beyond that of an ordinary person into account when making it's decisions. This is not a hard and fast rule such as "Anyone above an orange belt is _____.", instead it will be based on the "totality of the circumstances". An example of this could be a situation where someone complains about a headache-

- now if an ordinary person were to say "Go take an aspirin." without asking any questions or conducting an exam, and the person dies from a hemorrhagic stroke they are unlikely to face any criminal or civil penalties.

- now if I as an EMS provider with extensive training & 10yrs of experience were to do the same thing I would be at risk for charges of Manslaughter, since in the eyes of the court, by virtue of my advanced knowledge, that I should have know that there was a risk for such an event occuring and taken appropriate steps to ensure that it wasn't. I would also be at risk for civil penalties.

The fact that a person holds one or more high level martial arts credentials could potentially work against them. This type of scenario can come into play for example if there is evidence that the person used unreasonable force or is trying to claim that the suspect's death was an accident while using a martial arts move.

For more see-

http://books.google.com/books?id=FW6L8mm...

- David

Answer 3

If that were true everyone in pride fighting and ultimate fighting championship would be in prison. LMAO.

Answer 4

I have no references but my brother holds 2 black belts, one in Brazilian ju-jitzu, and one in traditional karate, he has no registration as a lethal weapon, I did in fact ask him about this a while back and he said it's an urban myth.  I do consider him a lethal weapon though, the dude is nice as can be but I wouldn't want to tick him off.

Answer 5

ya i know what you mean i got arrested for putting my hands in my pockets and walking down the street and got charged for carrying a concealed weapon that's a b. itch