What is Self defense definition in the law?
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What is Self defense definition in the law?
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Will I be free from charges if I have killed someone (who is already well known as a criminal and bothering the community) who threatening me? At least that person intended to hurt me until I got my arm brake, loose teeth or blind eyes. But not kill me.
Do I have the right to say "I was just defending myself because he wanted to hurt me?" But there was no witness, will or must the judge or the jury believe me?
Justice is complicated.
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George S
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Lethal force is generally permitted only if your life is in imminent danger. If someone said they were going to kill you and then walked away without attempting it, you would not be justified.
I would report every threat to the police even if there was no witness. The lack of a witness, though, weakens your claim. I would be very careful what I did from there. If he does attack and you have a certain means of escaping, you are obligated to do that. Standing to fight when you don't need to do so makes you a participant in the crime. Some states expected you to abandon your own home if you can to avoid a lethal confrontation.
So, to be in only a difficult position, not a very serious one, you must be able to convince law enforcement and possibly a jury that your assailant was capable of, and intended to kill you at that time. If you are 6' 4" and muscular, and he is 5' 6" and skinny with no weapon, killing him will put you in serious trouble.
However, if the size is reversed and he could beat you to death, that's a different story. You have the right to defend "life and limb [and eyes]" with the least force that will certainly effect that. Death of the assailant could be the least but you will be expected to demonstrate that was your only recourse.
To be cynical some places seem to expect you to die easily, thus frightening others to open their pockets wider for the hollow promise of protection from authorities. Those authorities aren't very friendly to people who protect themselves. It makes others question why they need to hold their pockets open so wide. |
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Eagle
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George S. hit that one right on the nail. |
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