Wednesday, November 11, 2009

You, Self Defense, And The Law

By Jim Wilkinson

There are many factors to be considered when the use of self defense is used. Many states differ with their opinion on what they consider valid self defense. These things include the extent, who it is used on, who is using it, and the reason why.

The act of self defense is the use of force to defend one's person from an attacker or a threatening situation. The force must be reasonable. Self defense is in place to protect you from being convicted of a crime if you afflict harm on the person who is attacking you. A good example of self defense is if you had a struggle with a robber and ended up using the robber's weapon against him. You will not be responsible for causing harm to the criminal.

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.

Don't even think of trying to use the defense of "self defense" if you get into an altercation with anyone involved in Law Enforcement. You have no justification to fight back. Another instance is if you have been thrown out of a private establishment and the owner grabs your arm to prevent you from reentering. You can not say you were just defending yourself. Who you use self defense on makes a big difference.

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.

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