Question

Michael is walking along Queens Road Central carrying a large parcel. He is walking quickly because he is embarrassed by the size of his package and the streets are very crowded. Suddenly, he is stopped by a man called Eric who grabs him by the arm and asks him what he is carrying in the parcel. Michael fears he is about to be robbed and tries to break away. In the course of the struggle, Michael breaks free, lashes out at Eric, and knocks him to the floor. Eric hits his head on the pavement and breaks his nose, cuts his cheek and tongue along with suffering several large bruises. Michael runs off.

(a) Discuss Michael’s criminal liability and any defense he may raise to any assault charges he may face.

Answer 1

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This situation is of "imperfect self-defense," which means when a person has a fear of immediate physical harm, which is unreasonable. When a person uses force to protect itself from a threat, it is known as "imperfect self-defense." In the above situation, Michael's criminal liability will not be get excused from unlawful violence, but it can reduce the charges and penalties accused. Michael will be imposed sentencing or punished for years for involving in an attempt unreasonably to think about an attack.

If Michael would have got injured during the whole situation, there were chances that he could raise a defense against assault, but here, there are fewer chances where he could be proved innocent.