Navigating Self-Defense: Expert Approach to Airplane Altercations
An airplane self-defense story about two people fighting on an airplane has gone viral on the internet. A guy and a woman were shown in a video getting into an argument, at which point the woman slapped the man, who retaliated in self-defense. What sparked the altercation? Is it truly a matter of self-defense?
The entire story will be covered later, but first, let’s define airplane self-defense and analyze its legality.
What Does Airplane Self-Defense Entail?
Since childhood, we have all been taught the need for self-defense. However, in this harsh reality called life where nobody is truly protected, we must ensure our safety.
In essence, self-defense is protecting one’s health and well-being from damage. The use of self-defense is called the “right to self-defense” in legal contexts. Being able to defend oneself is crucial in this modern society.
What Caused the Fight in the Airplane
It appears that the man seized the woman’s phone without her permission, although the video didn’t show the start of the altercation. Still, the woman can be heard telling the man to return her phone. She then slapped him and yelled, “Give me my phone,” as it seemed like he was resisting. Other people were seen trying to defuse the situation.
The man asked her if she knew the repercussions of what she did after she slapped him and demanded an apology. He threatened to lose his mind if she didn’t apologize, but she insisted that she would only apologize once he returned her phone. The man began to yell and slapped the woman back. That raises the question of whether it was airplane self-defense.
Attorney Ugo Lord asserts that although the guy was genuinely hurt in the fight, he started to demand an apology, even going so far as to threaten to go insane if the woman didn’t. The man’s statement was not motivated by fear of physical harm but rather by a need for an apology.
So when he didn’t receive one, he decided to slap her back, changing the scenario from airplane self-defense to retaliation. As a result, both of them are now guilty of battery.
California Law on Airplane Self-Defense
In California, the self-defense statutes state that you have the right to defend yourself, a family member, and even another person from an aggressor. You have zero duty to retreat inside or outside your home (castle). No “stand-your-ground” law has so far passed legislative enactment in California.
To successfully argue self-defense in California, the defendant must prove that:
- They reasonably believed that they or another person was in imminent danger of being harmed, killed, or suffering great bodily injury.
- They reasonably believed that the imminent use of force was necessary to defend against that danger.
- They only used the right amount of force that was reasonably necessary to defend against the harm.
- The other party was the initial aggressor.
Clearly both the parties in the video cannot claim airplane self-defense since one is the aggressor and the other one retaliated when there was no imminent danger. If you started the fight (you were the “aggressor“), you can assert self-defense only if:
- You made a good-faith effort to stop fighting and indicated this to the other person, or
- You initially attacked with non-dead force, and the other person responded with deadly force.
Battery, Penal Code 242 PC
The battery is the unlawful touching of another person. California’s self-defense laws allow you to act in self-defense of a battery if you believe you are in imminent danger, ~even if you do not fear imminent bodily harm. Per California law, a prosecutor must prove the following to convict a person of simple battery:
- The defendant willfully and unlawfully touched someone in a harmful or offensive manner, and
- The defendant did not act in self-defense or defense of someone else.
What Is the Right Approach to Airplane Self-Defense Without Breaking the Law
There is a fine line between airplane self-defense and retaliation, according to attorney Ugo Lord, and knowing which course of action to follow in circumstances such as the airplane fight will help you avoid breaking the law.
It is legal to defend yourself if someone attacks you and puts you at risk; but, if you get into a fight and get hit, but choose to delay hitting back, that is considered retaliation and you may face legal consequences.