Can you attack some one if they are threatening you?

mor_man73

Yes, you CAN!
As you said, he is threatening you and committing threatening gestures. In most states, this is called "assault". Assault does not require contact, for that would be battery.
http://en.wikipedia.org/wiki/Assault

In brandishing a rock, this man would be considered guilty of "aggravated assault". That means that he had a weapon in hand as he threatened violence against you.

So, yes, you could then approach him and lay hand on him first to prevent him from completing his expressed aggressive intention. That would be self-defense.

Just make sure you have witnesses.

Z-Force920

FIRST: It depend on the laws of your jurisdiction. Here in NEVADA, you have the right to defend yourself from imminent bodily harm. More on that below.
SECOND: ASSAULT = "intentionally placing another person in reasonable apprehension of immediate bodily harm" So, this person committed an assault on you. He can be arrested if you report it to the police.

YOUR SITUATION: The problem you face would depend on how far away you were from him when he threatened to throw a rock at you. If you were within hitting distance, say 3-5 feet, it would probably be easy to justify hitting him/pushing him so you could get away. If you were say 21+ feet, you wouldn't be able to close the gap fast enough to justify "defending" yourself; in fact he would have enough time to throw it and either hit or miss you before you could get to him. In that case, you would be fighting and would be just as culpable as him for whatever happens (assault/battery/threats/etc). The distance in between may be arguable for either, but basically: the further you are away from him the harder it would be to justify your actions by claiming "self defense." Again, that would apply in NEVADA.. as for other states, you need to look up their laws.

~Z~

Jessica

no i think they actually have to have them throw them at you, or if they have the rocks in hand

Olay

No, but threats are definitely illegal. Notify the police of the threat, and they will get arrested for a felony if you have any proof at all whatsoever.

IceBreaker27

Probably not. There are strict requirements to make the defense of self-defense and that doesn't sound like a self-defense situation.

WhoDaMan

Sticks and Stones can break your bones, but words will NEVER hurt you!

GRAWRness.

you can't attack them because they didn't actually throw the rock at you.
you can defend yourself(attack) when they actually attack you with the rock.
if they keep threatening you, tell someone.

Marial87

Nope. Walk away. Call the police station or something, they'll be arrested for assult, and battery if they throw it. If your pursued you can defend yourself.

ganggreen369

Probably not. If they physically attack you, you can claim self-defense, but if the only verbally threaten you then you can only contact the proper authorities.

hippiechic

my rule is don't hit someone till they hit you first. (but anyone who threatens to throw rocks really isnt worth your time).

don_vvvvito

Yes.If someone is TRULY threatening you.the law is the least of your worries.

Kat V

No. However, if they attack you first, you can attack them back. Then (and only then) its self defense and you won't get in trouble with the law.

Macy

if you were to do that, you will get in trouble. First of all, you should only attack your attacker in self defense, when you fear the safety of your life. If the person is simply making threats at you, that's not reasonable.

harry g

no you can not

James

well maybe it would depend on what you did and what they did to start it, however what I would do is call the police

Andrew

You have be attacked. Or in serious fear for your life.

{PG}Dtown214 Keep Da S0uth DiRTy

wait let him throw it if he does u have every right to sock it to him

Jim

Think of it this way.....A cop is confronting an armed individual. Just because the confronted individual is armed, can he legally shoot him? No. If the officer has just cause, fears for his well being or that of the general public, yes he/she can use force. including lethal, as a last option. Police officers are trained to know their options and responses given a situation.

It's this thing called "mutual consent". If you choose to brawl, fight or attack this individual without a "reasonable cause" your are just as guilty of a crime as they are.

The best thing you can do is leave the situation and contact law enforcement. If you are backed into a corner, you or your loved ones are in jeopardy or face substantial property loss you are entitled to use means to stop the situation, but they vary substantially by state. Example is some states you can use lethal force to protect substantial property loss, others you cannot.

Bottom line, leave the situation and contact law enforcement. If you cannot leave the situation because you are cornered and fear substantial harm you have every right to defend yourself by all means neccesary.

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