A very important lesson to be learned. Train less theory and concepts, train more impact and aggressive tactics. You should be concerned that the methods you use and teach may not be as affective as you think. Don't be defensive in this post as you might have been in the self-defense situation or lack there of, but make the changes and be in control.
Here is my advice (for the future) after retiring with 24 years in law enforcement. If possible, get cameras with audio recording. They are relatively inexpensive and easy to install nowadays. Use your phone if you can't get cameras. This shows he was on your property and will serve as evidence that you told him to leave the property. That will give officers the probable cause to arrest him for criminal trespassing if he doesn't leave, regardless of whether a physical altercation occurs or not. It will also show you were defending yourself, if you have to do so. Otherwise it is your word against the other guy's word. He can claim he was just walking past your house and you attacked him. Things like that do happen. When there is a physical altercation and cops don't have solid evidence as to who the physical aggressor was, they will often arrest both parties and let the courts sort it out (hence the impression both parties always go to jail). Without solid evidence, the courts sometimes make a mistake as to who was the aggressor. As a last resort, it is better to be tried by 12 than buried by 6. But better to avoid either whenever possible. Since you had police on the phone, I would not recommend attacking first. Continue telling him to leave and standby at a position of advantage, while waiting for officers to respond. Standby to ensure he doesn't become a physical threat. You have a right to defend yourself against an immediate threat with an appropriate amount of force. Anything more is considered excessive force. The appropriate amount is the minimum amount necessary to stop the threat. If a suspect runs away, they are no longer an immediate threat. Legally, if you pursue, you are then the aggressor and can be arrested. The same applies if you defend yourself and the person gives up, is incapacitated, etc. and the threat is stopped. You then have to stop your use of force. Do not volunteer information about your martial arts training. If you end up in court and that information is divulged, the inexperienced jury may hold you to a different standard. All many of the jury know is what they see in the movies. All they know is that you are a "sensei"/master. Why couldn't you control the opponent without hurting him. This can cause you issues in criminal court and/or civil court. Even if you are cleared criminally, you could end up paying civil damages, as the burden of proof in a civil case is less than a criminal case. As far as any confrontation goes, always be prepared for a surprise attack. "When I say that, I do not mean that you should be reasonably diligent or moderately in earnest. I mean that your opponent must always be present in your mind, whether you sit or stand or walk or raise your arms.” --Gichin Funakoshi
Your so humble you owned your mistake does matter lf your black belt 5 Dan and your mind some where else this see hard put ltrained with japanese for 10 years and lrained 5 thousand headlock 5 thousand chudan punches why does work for me because you have be by like japanese where you think karate think .karate all the time and that's hard to like way you thank god your nice humble person and your wife godbless seamus
A very important lesson to be learned. Train less theory and concepts, train more impact and aggressive tactics. You should be concerned that the methods you use and teach may not be as affective as you think. Don't be defensive in this post as you might have been in the self-defense situation or lack there of, but make the changes and be in control.
Here is my advice (for the future) after retiring with 24 years in law enforcement. If possible, get cameras with audio recording. They are relatively inexpensive and easy to install nowadays. Use your phone if you can't get cameras. This shows he was on your property and will serve as evidence that you told him to leave the property. That will give officers the probable cause to arrest him for criminal trespassing if he doesn't leave, regardless of whether a physical altercation occurs or not. It will also show you were defending yourself, if you have to do so. Otherwise it is your word against the other guy's word. He can claim he was just walking past your house and you attacked him. Things like that do happen. When there is a physical altercation and cops don't have solid evidence as to who the physical aggressor was, they will often arrest both parties and let the courts sort it out (hence the impression both parties always go to jail). Without solid evidence, the courts sometimes make a mistake as to who was the aggressor. As a last resort, it is better to be tried by 12 than buried by 6. But better to avoid either whenever possible.
Since you had police on the phone, I would not recommend attacking first. Continue telling him to leave and standby at a position of advantage, while waiting for officers to respond. Standby to ensure he doesn't become a physical threat.
You have a right to defend yourself against an immediate threat with an appropriate amount of force. Anything more is considered excessive force. The appropriate amount is the minimum amount necessary to stop the threat. If a suspect runs away, they are no longer an immediate threat. Legally, if you pursue, you are then the aggressor and can be arrested. The same applies if you defend yourself and the person gives up, is incapacitated, etc. and the threat is stopped. You then have to stop your use of force.
Do not volunteer information about your martial arts training. If you end up in court and that information is divulged, the inexperienced jury may hold you to a different standard. All many of the jury know is what they see in the movies. All they know is that you are a "sensei"/master. Why couldn't you control the opponent without hurting him. This can cause you issues in criminal court and/or civil court. Even if you are cleared criminally, you could end up paying civil damages, as the burden of proof in a civil case is less than a criminal case.
As far as any confrontation goes, always be prepared for a surprise attack.
"When I say that, I do not mean that you should be reasonably diligent or moderately in earnest. I mean that your opponent must always be present in your mind, whether you sit or stand or walk or raise your arms.” --Gichin Funakoshi
This is great advice! Thanks!
Your so humble you owned your mistake does matter lf your black belt 5 Dan and your mind some where else this see hard put ltrained with japanese for 10 years and lrained 5 thousand headlock 5 thousand chudan punches why does work for me because you have be by like japanese where you think karate think .karate all the time and that's hard to like way you thank god your nice humble person and your wife godbless seamus