Self defense is the act of protecting one’s self against physical force or the immediate threat of force. It can justify conduct which would otherwise give rise to criminal or civil liability. It can operate as a defense to virtually any criminal or civil wrong which involves the use or threat of physical force, such as assault, battery, and homicide.
To successfully argue self defense in a trial for homicide, the defendant must show that he or she acted with a genuine belief that they were in danger of death or severe bodily harm, that their conduct was necessary to prevent that harm, and that a reasonable person in the same situation would have had the same belief, and acted in a similar manner.
There are 2 basic types of self defense in a murder trial: perfect and imperfect. Self defense is perfect when the actor truly believed that they were in danger of death or grave bodily harm and that belief was reasonable. This requires the court to look at the defendant’s mental state (did they honestly believe that they were in danger?) and the surrounding circumstances (given the facts, was that belief reasonable?).
For example, suppose Al pulls out a gun and begins firing into a crowd. Bob, who happened to be in the line of fire, pulls out his own gun and shoots Al, killing him. Bob has acted in perfect self defense: he truly believed that he was threatened with death or severe bodily harm, and that belief was reasonable under the circumstances (he was being shot at, after all). If Bob were charged with murder, and he successfully proved the above facts, he would be completely exonerated.
Imperfect self defense is when a person acts with an honest belief that they are in immediate danger of death or severe bodily injury, but, given the facts, that belief was not reasonable. This does not completely exonerate the defendant, but if it is shown, it can reduce first-degree murder to voluntary manslaughter, a less severe crime.
Changing the above example slightly, suppose that Al pulls out a water pistol, and begins shooting it into the crowd. Bob honestly believes that the water pistol is filled with poison, and anybody who is sprayed with it will die, but he has no reasonable basis for this belief – he’s just paranoid. Acting on this belief, he shoots and kills Al. If Bob is charged with murder, he will be able to argue imperfect self defense, and if he proves the facts as stated above, he will not be convicted of first-degree murder, but of voluntary manslaughter.
To successfully prove self defense, one must also show that the amount of force they used was reasonable. Lethal force is only reasonable when the actor is threatened with death or severe bodily harm. If lesser harm is threatened, less force is justified. So, if Al runs toward Bob screaming that he’s going to beat Bob up, but there is no indication that he is going to try to kill Bob, Bob may only repel Al’s attack with the minimum amount of force necessary to protect himself, and no more. In such a case, Bob would probably not be justified in shooting Al, but he would be justified in using pepper spray to incapacitate him while he escapes, or using some other non-lethal force to defend himself.
In many states, a person must first attempt to escape the danger before resorting to physical force. This adds another requirement for a successful showing of self defense: escape was impossible. Some states, however, allow a person to stand his or her ground.
In the majority of states that require a person to first attempt to escape, there is an exception for a person who is attacked in his or her own home. Known as the “castle doctrine” (based on the idea that one’s home is his castle, and he should not be required to retreat from it, rather than defend it). However, the other rules associated with self defense are basically the same when it occurs in the actor’s own home: there must be an honest and reasonable belief about a threat of serious harm.
Category: ‘Self Defense’
Self Defense – The Act of Protecting One’s Self
Self Defense – Non Lethal Self Defense Weapons – Peace Of Mind
When I was growing up I remember my Aunt Kate and Uncle Harry, may they Rest in Peace. They were so nice to us kids. Seeing my cousins was fun too, but the best part of the visits was:
THE FOOD-omigosh could Aunt Kate cook-old school- none of that healthy stuff here. No worry about trans fats she used real fat.
THE OLD NATIONAL GEOGRAPHICS-they kept out in the garage by the stacks, thousands of them. I wonder if they ever got read?
THE OLD REVOLVER-in the attic. Uncle Harry bought it for protection. They lived in the country, kind of semi-remote.
I couldn’t ever quite grasp how that would work. If there was a problem, climb the stairs, dig thru the mess, find the gun, find the bullets, load the gun, “I’ll be right there Mr. burglar.” YEAH RIGHT!
I know he hid it up there so no one would get hurt but honestly there are other ways of feeling safe and secure at home. Self defense products such as stun guns and pepper sprays come to mind. They are the way to go when you don’t want a gun in the house.
Non lethal self defense weapons are easy to conceal, easy to carry, and some are disguisable. They are inexpensive and legal in all states. They are the way for you to get that warm fuzzy feeling for your safety and security.
I live in Colorado where there are no restrictions. A few states do have restrictions so check with your local police department.
So before you go buy a stun gun or pepper spray do some homework before you invest time and money into self-defense products. Figure out what you need, how to use that product, and the legality of it, or you may be getting into trouble.
Self defense products can get you out of a bad situation – there is no doubt about that. They can save your life, your money and provide you with peace of mind.
Self Defense – Legal Considerations
If you are placed in a position of having to defend yourself and your life is not in immediate danger, make sure your response is in proportion to the offense. If a guy pinches you on the bottom and you turn around and stick a fork in his eye you will be charged with assault and you will go to jail. Good luck getting a job in this economy with a prison record! If you are sued for civil damages you could be faced with penalties that will ruin your finances as well.
Does this mean every man on the street gets a free grope? Absolutely not! You can generally extract a price for unsolicited touching by scaring the heck out of the casual perpetrator. We have a saying in self defense circles “The good people are afraid of the bad people; the bad people are afraid of the crazy people.” Having a frothing at the mouth fit of screaming rage is not against the law. I recommend using your full lung capacity as your first line of defense if you are being harassed on the street.
In indoor situations where there are witnesses it is best to use de-escalation whenever possible. Leaving is better than sticking around to talk, and talking is better than fighting. However, don’t make the mistake of thinking that having other people around will stop a determined assailant. At one company I worked for, an ex-boyfriend of a female employee showed up during the late shift and beat the woman’s head repeatedly into her keyboard while half a dozen people stood by and watched. In cases like this the only thing witnesses are good for is vouching to the police that you tried to stop an attack using the least amount of force possible.
If you are attacked and have to defend yourself when there are no witnesses present you should cooperate fully with law enforcement as soon as your lawyer arrives on the scene. Let me repeat that. Once your lawyer is present you can make your report to the police about what transpired. You should abandon any idea that a judge will look at your teary face with pity and pronounce that you acted in self defense. That is a chance you can’t afford to take.
Unfortunately, the most common legal consequences for women fall under the category of spousal assault. The accurate but politically charged description “wife beating” has now been changed to the more vague term “domestic violence”. Many police officers are now required to treat victim and perpetrator as equal participants in domestic violence situations if there is any physical evidence that a woman has defended herself from assault by a husband or boyfriend.
Abusers are using this policy to further threaten women into submission since no mother wants to have her kids put in foster care while she is trying to make bail. There aren’t any easy answers for how to deal with this type of problem, but the sooner you start making plans to get out the sooner you can get your life back. Start by talking to someone you can trust or call a national hotline such as 1-800-799-SAFE (7233). There is help available for you.