To claim self-defense, you must honestly believe that the force used was needed to protect yourself against death or serious bodily harm. Other factors also need to be considered.
Fear Not
Fear is the natural response of our body to danger. It enables us to recognize and avoid threats that could harm or kill us. Fear does not have the power to limit your life. You can use self protection tools to protect your safety and legal integrity if you are willing to act. Enroll in a class on self-defense, learn the laws of your state and consult a lawyer if you have questions or concerns.
Self-defense is defined by law as the use of force reasonably necessary to avoid imminent bodily injury or death. To qualify as an immediate threat, the attacker must be armed with a weapon, acting in a way that could cause serious bodily injury or death, or be committing a deadly assault on someone else. A person who uses force must not have provoked the aggressor, or been negligent in preventing a dangerous situation.
Imagine you’re in a coffee shop with your classmate and he balls up his fist to prepare for a friendly “fist bump.” The student is aware that the classmate does not intend to punch him, but he fears a punch. In response, the student flings his coffee cup at the classmate. This may be considered imperfect self-defense based on the unreasonable nature of how the student perceived the threat. While imperfect self-defense does not excuse assault charges, it may lessen their severity.
The physical disparity between an attacker and defender is another factor that influences the reasonableness of the defense. Courts might consider a smaller individual as more vulnerable to attack, and thus, justify the use of force that is not excessive in proportion to the threat.
The intent of a defensive action is also examined to determine if it is appropriate for self defense purposes. Assaultive acts are motivated by a desire to harm or create fear. Defensive actions are meant to prevent harm only and must be done without malice.
Proportional Force
A key element of self defense is that the force used must be proportional to the threat. This means that an attacker must have immediately threatened unlawful harm, and that the accused believed that a reasonable individual in their situation would think that force was needed to neutralize the threat. If you use more force than is reasonable to neutralize an attack, this can lead to criminal charges. These include manslaughter and murder depending on the circumstances.
This also means that the force used must be proportional to how serious the attack is. If someone shoves another person to stop them from attacking, they cannot also stab them or throw them out a window because these actions could result in death.
This principle is an important part of self-defense laws, even in peacetime. This principle ensures that police officers and citizens do not use deadly force to end a threat or protect lives unless it’s truly necessary.
Proportionality is also a crucial aspect of military law when it comes to addressing armed attacks by other states or non-state actors such as terrorists. States have a duty of proportionality to respond to an assault with force that is proportionate to the threat to end it and restore security to their territory.
For this reason, military and civilian courts are careful to examine a soldier’s or citizen’s claim of self defense when they are charged with a crime related to the use of force. The court will review the details and determine if the incident meets the legal requirements of self-defense.
Duty To Retreat
In some states, a common-law rule requires that a person first try to escape from a dangerous situation prior to resorting to deadly force. In some jurisdictions, such as Nebraska, a person who is attempting to defend themselves or others from violence is not allowed to use deadly physical force if they know that they can retreat in complete safety. In other jurisdictions such as New York the requirement to retreat may be less strict.
In New York, people may use deadly physical force to defend themselves and others if they reasonably believe that the victim is in immediate danger of death or serious bodily injury. The law prohibits people from using deadly force against other individuals unless they are directly attacking them or they know the other person is going to do so. A person may not use deadly force against a property or a person unless it is to protect a lawful act. Examples of this include defending against an illegal robbery or burglary, and the protection of the home of a family member or child under their care.
The castle doctrine says that the duty to retreat only applies to a person who is in their own home. This principle is based on the old adage that one’s own home should be considered their “castle” and they should have the right to defend it against intruders. This exception can be complicated, however, by duty to retreat laws that exist in other states. The specific rules surrounding this exception will also vary from one state to another.
Some states, such as Massachusetts, require that a person retreat at all times when they are outside of their home or business. In contrast, other states, such as Texas and Florida, have stand your ground laws that remove the duty to retreat when a person is on their own property or in a place where they have a legal right to be.
