Retaliation in Self-Defense: What Happens if You Fight Back?

Self-defense involves physically retaliating to an attack that could harm you severely, and the law requires this retaliation to be equal to the threat. Despite reacting with proportional force, retaliation in self-defense may still result in battery charges.

TikTok attorney Ugo Lord explains this interesting concept by reacting to a viral video of a prankster physically retaliating after being punched by a startled prank victim. The video shows the prankster camouflaged as a bush to shock pedestrians.

Unfortunately, one of his victims didn’t take the scare lightly, resulting in a punch to the face. Immediately, the bushman returned to the assailant and landed his blow. 

Who is Liable in This Confrontation?

Once the clip ends, Dr. Lord interjects, saying, “If you watch the video again, you’ll notice the person slapped the tree first and was walking away.” However, he points out that “…the tree went back to the person and punched them in the face”.

Afterward, Dr. Lord concludes his observation with a verdict, stating, “…ladies and gentlemen, they’re both guilty of battery”. Therefore, this case no longer qualifies as self-defense, as the prankster retaliated despite the threat being over.

Why Both Parties Are Guilty

According to California law,  everyone has the right to defend themselves, a family member, and even another person from an aggressor. However, to successfully argue self-defense in California, the defendant must prove the following:

• They acted on a reasonable assumption that they or someone else faced a serious and immediate threat of physical harm, death, or severe bodily injury
• They had a rational and reasonable belief that using force was the only way to prevent or stop that threat
• They applied only the degree of force that was rationally and reasonably required in order to avoid or stop the harm
• The other party initiated the confrontation or provoked the use of force

In this scenario, both parties cannot claim self-defense since one is the aggressor, and the other one retaliated when there was no imminent danger. 

Legally, if you started the fight (you were the “aggressor “), and the aggressor can only assert self-defense if they tried to stop the fight or the other party retaliated with deadly force.

The Penalty for Battery in This Case 

Battery is defined as the willful and unlawful use of force or violence on another person, even if it does not cause injury or actual pain. Typically, this offense is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000. 

In this case, both parties must prove that the other wilfully and unlawfully touched them without acting in self-defense. 

However, while Dr. Lord concludes that both may be found guilty, there’s a possibility the prankster will be liable for the damage. This is based on the fact that the aggressor made efforts to stop the fight, and the bushman retaliated with a harder blow.

Conclusion

While there’s no further update on whether both parties went to court, legally, both may be liable for the damage during that situation. The court may also set a fine of up to $1000 or keep them locked up for less than a year.

Nevertheless, there’s also the possibility the victim of the prank may be less liable, and with a good attorney like Ugo Lord, he can receive appropriate compensation.