When to Claim Self Defense

While no one wants to find themselves in the situation, everyone knows there are times when you must physically defend yourself. However, most people are unaware of when and how they can do so without facing legal repercussions. If you’re in a situation where you need to claim self-defense, then here’s everything you need to know. 

Imminent Threat

The first aspect of any self-defense case is identifying an imminent threat. The threat is often physical but can also be verbal when it instills fear of immediate harm. Someone threatening to physically attack you, for instance, is a justifiable reason to defend yourself. Offensive words without the threat of harm do not fall into this category. 

The second half of this aspect is the imminent nature. If someone punched you then stopped attacking you immediately after, any force used against them is retaliation instead of self-defense. The threat must be taking place at the time you use force. 

Reasonable Fear of Harm

You may also claim self-defense in the event of reasonable fear of harm. This is best described using the “park scenario.” Two strangers are walking past each other in the park, and stranger one has a wasp flying by their head. Stranger two attempts to swat the wasp away, but stranger one only sees stranger two’s hand coming towards them. 

Stranger two perceives the hand as an attack and retaliates with violent force. Even though the first stranger was trying to help, stranger two can claim self-defense because of how the situation appeared. The fear of harm was reasonable because most individuals would have reacted similarly. 

Proportional Response

Defending yourself is 100% legal, but how you do so could change your claim. You can only use as much force as it takes to stop the threat. If someone were punching you, for instance, shooting them would be considered over-the-top in most situations. 

However, this isn’t always the case. Your physical strength may not be a match for the threat in question, which would require you to protect yourself using other means. According to domestic violence defense attorneys in Boulder, women facing abuse often require additional force to stop their assailant. Depending on the situation, a weapon may be considered a proportional response. 

Duty to Retreat and Stand Your Ground

Your duty to retreat simply requires you to attempt to avoid any violence before defending yourself. If you can walk away from the situation safely, do so. Stand your ground, on the other hand, allows you to remain firm and use violence when necessary as long as your defense includes non-lethal force. 

There is also a castle doctrine that allows the use of lethal force in your home, but only in the event of an intruder. You should avoid lethal force at all costs unless the situation requires it. However, you should pursue a self-defense claim for non-lethal force anytime there is an imminent threat or reasonable fear of harm. 

Keep in mind that self-defense laws change by state and jurisdiction. Legal professionals recommend reading up on the laws in your area, allowing you to protect your rights should a situation arise. 

COMMENTS

Name

Finance,287,
ltr
item
eZineInsider.com Finance: When to Claim Self Defense
When to Claim Self Defense
https://1.bp.blogspot.com/-9HycFNcZtso/XYkmSNveHqI/AAAAAAAAP_k/LtRIuPaqzjo7a_arrpem1wuFnhxCOfKrwCLcBGAsYHQ/s1600/57e6d44b4352a514ea898675c6203f78083edbe35453704075297f_640_self.jpg
https://1.bp.blogspot.com/-9HycFNcZtso/XYkmSNveHqI/AAAAAAAAP_k/LtRIuPaqzjo7a_arrpem1wuFnhxCOfKrwCLcBGAsYHQ/s72-c/57e6d44b4352a514ea898675c6203f78083edbe35453704075297f_640_self.jpg
eZineInsider.com Finance
https://finance.ezineinsider.com/2019/09/when-to-claim-self-defense.html
https://finance.ezineinsider.com/
https://finance.ezineinsider.com/
https://finance.ezineinsider.com/2019/09/when-to-claim-self-defense.html
true
3300848698437064206
UTF-8
Loaded All Posts Not found any posts VIEW ALL Read More Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content