009jim

What is the legal situation if someone blocks your right of way and grabs hold of you? What if you said to them "you have 15 seconds to release me and then I will release myself using as much force as is necessary". The guy scoffs, so you unwrap the hand off your bike by breaking his fingers. He then attempts to strike you so you block the strike and break the arm. At that point I would say you have done nothing wrong, merely escaped unlawful custody. What's the legal viewpoint?

agent pombero

If someone grabs a hold of me, I would fear for my life.
At that point self-defense is legal.
Thankfully in situations like these there is a solution that I carry 24/7:




See how fast that comes out? These knives are sick. A quick couple of slashes to the forearms/neck/face and the fight is over.

FBinNY 

As they say, "It takes two to tango" most fights of this type (if they get physical) don't erupt suddenly, but are the end result of a number of escalations. At any time either party can break it off and move on. When I run into something that seems headed this way, I apply the discretion is the better part of valor dictum and move on because legalities aside the actual stakes aren't nearly worth the potential consequences.

kalliergo 

You need to ask a lawyer in Oz. Self-defen[s|c]e laws vary widely.

But please take FBinNY's advice to heart. Try to avoid situations where defending yourself becomes necessary.

agent pombero

Agreed. But never be afraid to whip out whatever means necessary to defeat the threat.

kalliergo 

And I agree with that. If you have a reasonable fear that you will be badly injured or killed, do your very best to neutralize the threat. But that's not really a cycling-specific issue and this is getting rather off-topic.

Chris516

New York State Penal Code 240.25

A Class B Misdemeanor punishable by three months in prison(probably Rikers Island)

https://ypdcrime.com/penal.law/article240.htm#p240.25
https://codes.lp.findlaw.com/nycode/PEN/TWO/E/70/70.15

KonAaron Snake 

We haven't had those yellow plates in ages - and we don't have a substantial Hasid population (thank G-d).

Essex

Walk away. And I wouldn't carry a dangerous weapon just because. This is like Bernie Goetz (another NY'er) who carried his gun on the subway just because. https://www.tmz.com/2012/02/28/subway...e-goetz-photo/

SkyDog75

New York started issuing yellow license plates in 2010, but there are still plenty of cars on the road with the older white ones.

JonnyHK 

Cyclist could have saved himself some trouble, but that motorist should be charged with something...what an a-hole.

Essex

Cheers. I guess since I ride my bike and subway so much that I've not paid attention to motorized vehicles & their tags. Smelly things these cars.

KonAaron Snake 

The cyclist was foolish and could have handled it better, but nothing excuses the idiot leaving his car and acting like a buffoon either. Neither of them are up for genius of the year awards.

Chris516

How could he have saved himself a lot of trouble, apart from not commuting through that neighborhood? Did you see the motorist spit at cyclist as he was pointing his finger at him. Also, When one of them was holding on to the cyclist's bike. The motorist kept escalating the situation.

tjax

It takes two to fight, I would flee the seen, but if I were ever in that situation against my will I can take solice in my snub nose concealed carry pistol that often is found hiding beneath the layers of my sock. I haven't really gone riding on my new bike yet, but with tempers and crazy drivers these days I may just slip it in my little bag I just purchased for my seat, in case if I were to someday need the business end to scare someone into becoming an instant responsible citizen.

I am 26, young, but never been in a fight or conflict. If someone is that angry, apologize and flee the scene don't stick around, or make obscene gestures. The first rule to preventing bodily harm from conflict, is to not escalate the situation, and only use a weapon in the most extreme of situations.

Notso_fastLane

This is slightly off topic, and in this particular case, it's somewhat true. But having taught self defense for a number of years, I'd like to put this trope to rest. Not all situations are ones where walking away is a valid choice. Also, even when it is a choice, it's not always the best choice. [/off topic]

genec

And what legal codes apply to someone holding your property? And blocking your way on a public road?

FBinNY 

Actually, in a way one nice thing about New Yorkers is that we're used to the stresses of crowding and tempers. In all but the most inflamed cases, New Yorkers will shout, and fight verbally, but there's an internal brake that prevents it from escalating to physical violence. At the worst case, there might be a shoving match, but even those are rare.

Most similar situations end as this one did with lots of ruffled fathers but no violence.

Unfortunately, in a city of 8 million there are some crazies out there and you never know who you're dealing with, so the sane course of action where the stakes are only ego and pride, is to defuse the issue early on by putting some distance between you and someone who doesn't work and play well with others.

Had the cyclist just said to himself "Gee, this guy's crazy, and there's no telling what he'll do with that 2,500# vehicle of his, or the tire iron he might have under his seat..." and pulled over near afire hydrant, there wouldn't have been anything to video.

To those who think a concealed weapon is the solution, think again. Even if you're 100% in the right, you could find yourself spending thousands of dollars in legal fees making your case for justification, and may not be able to make that case if you're the first to pull a gun.

If you commute daily, you'll eventually run into a nut. It doesn't make sense to be crazier than he is. eave that for the other nuts out there.