Self Defense........

Question

When is it legal to retaliate to someone? Can you react to a threat or a shove, or do you have to wait for them to actually hit you?

At what point does self defense end? I mean just because someone hits you doesn't mean you won't get in trouble for beating him to death.

Answer 1

If someone attacks you or someone else, you can act. The threat must be imminent.

But this is actually why I use my M44 carbine. It is 7.62 x 54R. One shot will kill my target. This way I never have to worry about them living to sue me.

Answer 2

If someone puts physically provokes you, then you have the right to defend yourself but i don't recommend beating someone to death.

Answer 3

Self defense laws vary, and some states require a duty to retreat. That means if you can walk away, and you don't, you can not claim the right of self defense.

There are some things common to all self defense laws:

-Self defense is an "affirmative defense". This means it is up to you to prove you had the right to use it.

-You can only use equal, and reasonable force in defense. Once the threat stops, you must stop. Any unreasonable force, or continuing to use force after the threat stops, is illegal.

-You can not provoke someone, and then claim self defense. If you contribute to the incident, any force will be illegal.

-Revenge, retaliation, and punishment are not self defense.

Answer 4

Well in the case you mentioned.

It would never be legal.

You are only allowed to use the minimum force necessary to protect yourself.

IE: if they are on the ground

You can't keep atacking them, since you would have the ability to run away.

But the judgement used,

Is what would a normal person consider reasonable.

IE: would a normal person feel thier life or health is threatened.

Answer 5

The use of miminal force that is a force that is enough to get the threat of an attack or the attack occuring to finish.

It does not usually require you to kill the opponent unless it is to save more than one life making it morally justified.

Retaliation should not be conused with self defence.

Self defence means to protect your self which require minimal action.

Retaliation means to punish the opponent which is not a needed requirement, it could be done whether there is a threat present or not to what ever level.

Retaliation is legally and morally wrong.

Self defence is a case of need and is morally justified.

Snow Man

Answer 6

Calm down and stop thinking irrationally.Stay away from this conflict what ever it is and stay out of jail.Call the authorities and report this person and let them handle it.

Answer 7

You must feel you are in danger or that the person intends to do you bodily harm. Some states have laws stating that you must make an attempt to get away first, then you may fight back if that fails. Other states have a stand your ground clause, where you can fight back and do not have to retreat first.

I love this quote as it relates to this question: "Better to be tried by twelve than carried by six"

Answer 8

eminent threat of bodily harm or death. Any reaction of than points when you feel an eminent threat of bodily harm or death would not be covered under self defense.  

Answer 9

Let's see, if i remember correctly there has to be 3 or 4 things present before you can use force to defend yourself (this extends to deadly force)....

1) the person has to demonstrate intent

2) the person has to have the means (knife, gun, melee weapon, knowledge of hand-to-hand combat, a person of considerable stature, or multiple accomplices)

3) the threat has to be immediate (200 feet away with a knife does not count)

4) the threat has to manifest itself (in other words, the person has to be physically preparing to hurt you)

You must match force with force. If the person has the ability to do you great bodily harm, then you may use deadly force provided all those prerequisites are met. SOME states have "duty to retreat" clauses which prohibit you from defending yourself until all means of retreat are exhausted, and most states will not allow you to be the cause of the force escelation (in other words, if you start running your mouth which causes the other person to become physically aggressive).

I'm not a lawyer, but I've had a LOT of use-of-force classes, and that pretty much sums it up right there.