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What to do in a Fight or Flight situation

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Kicking somebody with your shoes on is "assault and battery with a dangerous weapon". You may as well have hit him with a baseball bat while he was on the ground.

You don't want to go before a jury and try and explain that while you had an unarmed guy (the same relative size as you BTW) down on the ground you were clubbing him to make sure he didn't get up. You'd have to prove he intended serious bodily harm to you. Good luck to that.

If someone assaults you first, then it can be shown that he intended to cause bodily harm. So, if you had to risk someone, then you would rather risk the other person than yourself. None can prove anything against that logic either.
 
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