I'm speaking as a one time practitioner in the field of criminal defense.. First assuming the 49er fan initiated this mess by "pushing" the guy. (and of course none of know what led up to this or whether he did push the guy-and that includes me) If Niner fan did push the guy unprovoked he can be charged with a battery and there are degrees of battery. However, even if the guy who was arrested was not the aggressor his response has to be "reasonable" in that he must have a reasonable belief the force he displays is necessary to protect himself from some imminent violence. Moreover, and this is critical, whatever force he uses must be proportionate to the force used against him.
An often used example in Criminal law classes is this: assuming a drunk guy at a bar doesn't like how you are looking at his girlfriend and "shoves "you on the shoulder you are not justified in breaking a bottle over his head or even justified in punching him, or slapping him, or kicking him in the goodies.
And it doesn't matter if the punch you throw wasn't intended to even cause serious trauma the result is what counts because that result came from an unlawful response to being pushed.
Now assuming this 49er fan unfortunately dies I can see charges ranging anywhere from involuntary manslaughter, voluntary manslaughter, second degree murder. What is not likely to go well with the charging D.A here, in figuring out what, if any, charges to file is the fact that the guy left the scene without seeking help for the guy unconscious on the ground and now in a coma fighting for his life. This is important because if he's convicted or pleads out the sentencing judge looks to whether is evidence of remorse and or taking responsibility. Leaving the scene after knocking someone out and who is on the ground in that condition doesn't meet those criteria.
Edited 1 time(s). Last edit at 02/04/2022 05:00PM by waterfield.
