When self defense is used by a person the law looks at a lot of things. A lot of the States have different laws regarding the use of self defense. Some of the things the law looks at are why it was used, who was it used on and the extent to which it was used.
The term "Self Defense" is defined as "The defense of one's person or interests especially through the use of physical force, which is permitted in CERTAIN cases as an answer to a charge of a violent crime". What this means is that if you are attacked by someone with a gun and you were struggling to get the gun off of the attacker and it fired and the bullet struck him, you should not be held liable for a crime.
Not all States are the same when they interpret the meaning. In one State you might be completely justified in using pepper spray to ward off an attacker. That State considers it legal. There are a few, and thankfully only a few, that would consider your use of pepper spray to be against their State laws.
Don't take self defense too far. If you can incapacitate him and once your attacker is no longer a threat, leave the area and find the police. Don't stay at the scene and continue beating on him. That might be considered taking it too far.
Be careful who you use self defense on. As an example, if you have just been thrown out of a bar for being drunk and disorderly and then try to get back in but are stopped by the owner at the door, you can not claim self defense if you hit him. Another example would be if you are being arrested by a police officer or any law enforcement official. The use of self defense will not hold up in court.
The question of "Why" you used self defense also is a factor. If you are walking along through a park at night and see someone approaching you and you just "have a feeling" that they might attack you is not just cause for you pulling out your Taser and shooting them. On the other hand, if that same person made threats as they were approaching you and had a baseball bat in their hand, that is a different story.
There are many factors that the government will consider when they look at cases of self defense. Know the laws in your state. Know which personal protection devices you can use and to what extent you can use them. You don't want to go to jail for fighting off a rapist. It has happened in the past. - 31373
The term "Self Defense" is defined as "The defense of one's person or interests especially through the use of physical force, which is permitted in CERTAIN cases as an answer to a charge of a violent crime". What this means is that if you are attacked by someone with a gun and you were struggling to get the gun off of the attacker and it fired and the bullet struck him, you should not be held liable for a crime.
Not all States are the same when they interpret the meaning. In one State you might be completely justified in using pepper spray to ward off an attacker. That State considers it legal. There are a few, and thankfully only a few, that would consider your use of pepper spray to be against their State laws.
Don't take self defense too far. If you can incapacitate him and once your attacker is no longer a threat, leave the area and find the police. Don't stay at the scene and continue beating on him. That might be considered taking it too far.
Be careful who you use self defense on. As an example, if you have just been thrown out of a bar for being drunk and disorderly and then try to get back in but are stopped by the owner at the door, you can not claim self defense if you hit him. Another example would be if you are being arrested by a police officer or any law enforcement official. The use of self defense will not hold up in court.
The question of "Why" you used self defense also is a factor. If you are walking along through a park at night and see someone approaching you and you just "have a feeling" that they might attack you is not just cause for you pulling out your Taser and shooting them. On the other hand, if that same person made threats as they were approaching you and had a baseball bat in their hand, that is a different story.
There are many factors that the government will consider when they look at cases of self defense. Know the laws in your state. Know which personal protection devices you can use and to what extent you can use them. You don't want to go to jail for fighting off a rapist. It has happened in the past. - 31373
About the Author:
Learn more about State laws on Self Defense Products by visiting Your Greatest Protection. As a former Police Sergeant, Jim Wilkinson knows the best self defense products to use to protect yourself and family.
