I was in a bar and somebody called me a rotten name, so I slugged him. I told the cops that I was provoked, but they said it didn’t matter and they charged me with assault. Can they do that? ?

Yes, they can.

Provocation is not a defense to a crime unless the crime is murder, and then it may only reduce the charge to manslaughter.

Even when provocation is a defense to murder, the provocation must have been so severe that other ordinary people would have reacted the same way.

Provocation is “adequate” to reduce a murder charge to manslaughter only when it was reasonable for the person charged to react with extreme anger or extreme fear. It is not a defense if the person charged with the crime was thin skinned or quick tempered and took offense too easily to something the victim did. Also, the person charged cannot be the person who started the confrontation or “provoked” the provocation.

When a person is charged with assault or criminal threatening or some other crime other than murder, it is simply no defense to say the other person egged you on, or deserved it, or provoked you with offensive words.

For lesser crimes, provocation is not available as a defense. The law expects you to ignore insults and foul language. You cannot react with physical force unless the other person assaults you or attempts to assault you and you react in self-defense.

Keeping the peace is more important than keeping your pride.

So, when someone taunts you or calls you names, walk the other way. Or, call the police and file a complaint for harassment.

Remember, sticks and stones may hurt your bones, but words will never harm you!

It’s not only a wise saying,…It’s the law!