Can you (not necessarily intentionally) use lethal force to defend yourself?

Question

Let me be very specific:

If the setting is a highway, you pull over and the other party pulls over after a backforth road highbeam/tailgate "battle". you have absolutely no intention to harm or initiate attack. but this other party (an individual) decides to take out a metal bat/bar and begins going towards you with intent to harm, can you:

a. drive him over (possibly kill him)

b. stab him if you have a knife

c. shoot him if you have a gun

Please do not bother to answer if you are going to submit 2 word answers or partial answers. I would like everyone's thorough opinion on this question by answering all parts please.

Answer 1

Just drive away.

You have the duty to retreat...if it can be shown you reasonably could have gotten away from the situation you would be in trouble of you killed the person.  

Answer 2

In most states, as you were partly at fault, and have the means to escape, lethal force would not be allowed.  Lethal force is available only when necessary and your situation doesn't describe necessity.  BTW, even if the law supported you, the supposition about the other person's intent is going to be problematic.

Answer 3

No that would be murder not self defence. The law requires you to first try to flee or get away.

If you are attacked in your home or othewise cornered  where it is not reasonable for you to be able to get away then you can use lethal force to protect your life.

Answer 4

If both parties were provoking one another,it's fair game and the court would of course favor the party that was killed.Even though they grabed a weapon,they were enticed and provoked to do so.They win.

Answer 5

It depends on whether or not you could prove that you believed your life to be in danger.  If he pulled over a half mile up the road and you see him running down the road with the bat and have plenty of time to clear the area, it is best to avoid the situation and clear.  If he is right on top of you and has blocked you in so you can't get out and you cannot escape, then you could do any of the above.  I could see running over him if he parked alongside and in front of your car so you can't pull off and was approaching from behind your car running over him.  If a knife is all you have, good luck to you.  I'd much rather have the bat in that situation - longer reach.  You will probably have to kill or incapacitate him in order to stop him.  If you have a gun, and I mean a registered, legal gun, then you can shoot him if and only if he continues to come at you once you present the gun or he doesn't have a chance to react.  If he's running away and you shoot him in the back or he's on the ground and you shoot him, you're probably up for manslaughter 2 since ballistics will show that.  The real test is whether or not you believed at the time that your life was in danger and had no means to escape, which if he pins your car, with the exception of attacking him once he backs off or tries to flee, is pretty believable when you consider someone is coming at you with a weapon.  You have a good chance of walking without trial or winning in the unlikely event that it goes to one.  If you used an unregistered gun to shoot him, you may still do time for the gun charges.

Answer 6

You may use only that force equal to the force being used against you, or that force which allows you to defend yourself from unavoidable, certain death or serious injury, or to defend another, and only in the event that neither you nor the other you might defend is unable to escape.  That's the kicker.  If you can leave, you must.  If you use any force to defend yourself when you have the option and ability to escape the situation, you can be charged with anything from disorderly conduct to mutual battery to first degree murder.

If you run him over with a vehicle unless you can conclusively and without question show that your life is in jeopardy, you will likely be charged with vehicular assault or vehicular manslaughter if he dies.

If you stab him, that's murder one.  You took the time to pull a knife with the intent of using it and got close enough to use it.  If you are lucky enough he doesn't die, it is only felonious assault or assault with intent.

If you shoot him and you have no CCW, you're toast.  Same as the knife with the additional sentencing booster of felony weapons violation.

Answer 7

If you use any of those options, you will be charged with his death. You could easily drive away, escaping the bat without harm, even though he may strike your car, protection of property is not justification for deadly force.

d.) Drive in reverse and exit the area. Never participate in road rage again.