I was arguing against Mr V's attitude that deadly assault is okay against "punks" because they don't have rights. Morally, the kids were out of line and they deserved to have their RC car smashed. If the old guys had shoved the kids around a bit, no big deal, but you don't swing a club against an unarmed guy. As far as your charges go, they don't hold water except possibly the trespassing charge. The smashing of the car started the confrontation, and while justified, it it still isn't legal. If you want that lame-ass excuse for a push to qualify as assault, that swing is going to be a lot worse.
Actually, pushing someone with hostile intent could be battery, instead of assault. Assault is any physical posturing that puts another person in fear of attack, like balling up a fist and stepping within range, whether an actual swing follows or not. IF someone does that, you can deck them right there... you don't have to wait for the actual swing, they've already committed "assault".
If this went to court, probably the old man and the punk would be charged with assault and probably other things. The old man will probably claim self-defense, because the punk pushed him first and got in his face with a demonstration of hostile verbage and body language.
Which way it would go is hard to say. The old man might be held justified in using the golf club because of the age difference: young and strong vs old and relatively fragile. That is often the case... its why women often are held justified in using a weapon against an unarmed male attacker.
The pursuit of the punk by the old man would be the worst aspect against him, as it would be considered going beyond self-defense.
IMO the odds are the punk would be convicted of assault and public-disorderly or tresspass. The old man would probably be convicted of assault as well, mainly because of
chasing the young man.
That's my semi-professional analysis.
On the whole, though, my sympathies are with the old golfers. They were minding their own business.
As I said, though, if it had been
me I probably would have laughed it off and told them to go play in traffic.
if you want to complain about this generation then claim about the state of the music world. It's a corporate waterhole now, whereas it used to mean something.
