Basic Self Defense

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Basic Self Defense Techniques

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Criminal Law Basics

Any use of force by the victim against the assailant at that point would be considered retaliatory and not self-defense. To illustrate, picture two strangers walking past each other in a city park. Unbeknownst to one, there is a bee buzzing around his head. The other person sees this and, trying to be friendly, reaches quickly towards the other to try and swat the bee away. All this in spite of the fact that the perceived assailant meant no harm; in fact, he was actually trying to help! Sometimes a person may have a genuine fear of imminent physical harm that is objectively unreasonable.

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Not every state recognizes imperfect self-defense, however. For example, a person is waiting for a friend at a coffee shop. When the friend arrives, he walks toward the other person with his hand held out for a handshake. The person who had been waiting genuinely fears that his friend means to attack him, even though this fear is totally unreasonable.

5 Self-Defense Moves Every Woman Should Know - HER Network

In order to avoid the perceived threat, the person punches his friend in the face. Some states also consider instances where the person claiming self-defense provoked the attack as imperfect self-defense.

Learn Basic Self-Defense

For example, if a person creates a conflict that becomes violent then unintentionally kills the other party while defending himself, a claim of self-defense might reduce the charges or punishment, but would not excuse the killing entirely. Self-defense law requires the response to match the level of the threat in question.

In other words, a person can only employ as much force as required to remove the threat. If the threat involves deadly force, the person defending themselves can use deadly force to counteract the threat.

Self Defense Techniques: Explaining Basics Everyone Should Know

If, however, the threat involves only minor force and the person claiming self-defense uses force that could cause grievous bodily harm or death, the claim of self-defense will fail. The original laws regarding self-defense required people claiming self-defense to first make an attempt to avoid the violence before using force.

These laws remove the duty to retreat and allow for a claim of self-defense even if the claimant did nothing to flee from the threat of violence. As mentioned above, this is the more common rule when situations involve nonlethal force.

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  6. State self-defense laws are split on the stand your ground principle when lethal force is in play, however. Even in states that require a person to retreat from the threat of imminent harm before defending themselves, a person can often use deadly force against someone who unlawfully enters their home. Self-defense claims are fairly common and the rules about the situations in which a person can defend themselves and the amount of force they are allowed to use can be complicated.

    Everything can be made much simpler with the advice of a competent local attorney. Find an experienced criminal defense attorney near you with the click of a button. Find your Lawyer Explore Resources For Learn About the Law. Legal Forms.