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Principles of the Law of Self-Defense
The law of self-defense is a legal doctrine that allows a person to use force to protect themselves from harm. The specific laws vary from state to state, but there are some general principles that apply in most jurisdictions. I am not a lawyer, but this will be a basic primer if you are not well-versed in it.
Principle of Innocence
The first principle is that a person has the right to use reasonable force to defend themselves from harm. This means that a person can use whatever force is necessary to protect themselves from an attacker, up to and including deadly force. However, the force used must be reasonable under the circumstances. For example, if a person is being attacked with a knife, they may use deadly force to defend themselves. However, if a person is being attacked with a fist, they would not be justified in using deadly force.
- The person who is claiming self-defense must be innocent of any wrongdoing that led to the situation. For example, if a person starts a fight and then claims self-defense when the other person fights back, the self-defense claim will likely fail.
- Non-lethal self-defense options such as pepper spray, stun guns, expandable batons or kubotans may be sufficient.
Principle of Imminence
The second principle is that a person must have a reasonable belief that they are in danger of harm. This means that a person cannot use self-defense if they are not actually in danger. For example, if a person thinks that they are being followed, but there is no evidence to support this belief, they would not be justified in using self-defense.
- The threat of harm must be imminent in order for self-defense to be justified. This means that the person must reasonably believe that they are about to be harmed, after a threat is displayed or vocalized. If the threat is not imminent, then the person may not use force in self-defense.
Principle of Proportionality
The third principle is that a person must use no more force than is necessary to defend themselves. This means that a person cannot use excessive force, even if they are in danger. For example, if a person is being attacked with a knife, they may use deadly force to defend themselves. However, if a person is being attacked with a fist, they would not be justified in using deadly force.
- The force used in self-defense must be proportional to the threat. This means that the person cannot use more force than is necessary to protect themselves. For example, if someone is being threatened with a punch by one person, they cannot use a gun to defend themselves. Multiple attackers may escalate proportionality.
- Non-lethal self-defense options such as pepper spray, stun guns, expandable batons or kubotans may be sufficient.
- Lethal self-defense options if warranted include knives and firearms.
Principle of Avoidance
The fourth principle is that a person must retreat if possible. This means that a person must try to avoid a confrontation if they can. For example, if a person sees a mugger coming, they should try to run away. If they cannot run away, then they may use self-defense.
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- The person who is claiming self-defense must have tried to avoid the situation if possible. This means that they cannot use self-defense if they could have easily avoided the situation by walking away or calling the police.
- Castle doctrine is a legal doctrine that gives people the right to use deadly force to defend themselves in their own homes without first trying to retreat. The doctrine is based on the idea that people have a right to feel safe in their own homes, and that they should not have to put themselves in danger in order to defend themselves.
Principle of Reasonableness
The fifth principle is that a person must use force in a reasonable manner. This means that a person must use force in a way that is consistent with the principles of self-defense. For example, a person cannot use a firearm to defend themselves from a fistfight.
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- The person who is claiming self-defense must have acted reasonably in the situation. This means that they must have used the amount of force that a reasonable person would have used in the same situation. Again, multiple attackers may escalate reasonableness.
The law of self-defense is a complex area of law, and the specific principles that apply will vary from jurisdiction to jurisdiction. However, the general principles that are discussed above are generally applicable in most jurisdictions.
If a person can show that they met all of these principles, then they may be able to use self-defense as a defense to a criminal charge. However, it is important to note that the law of self-defense is complex and there are many factors that can affect whether or not a self-defense claim is successful.
If you are ever in a situation where you believe you may need to use self-defense, be prepared to explain your actions to the police. If you carry a firearm, use should have CCW self-defense liability insurance. Concealed carry insurance providers such as the United States Concealed Carry Association (USCCA) offer education, training, and self-defense liability insurance. USCCA Membership has helped over 635,000 members prepare for the before, during, and after of a self-defense incident.
As always, be safe and be prepared.
See Also: Judicious Use of Deadly Force and Use of Force Continuum
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