Self defence is the right of an individual to use physical force in order to protect themselves from harm. This right can be a legal defense for various crimes, including assault and battery. It is a defense that can be used by a person in many states and it can allow them to avoid criminal charges or receive a reduced punishment, depending on the circumstances.

Defending Yourself

In most jurisdictions, a person can claim self defence when they are faced with an unprovoked attack that threatens imminent injury or death. This can include an attacker who is threatening to kill or injure the defendant, or an attack where the attacker is attempting to force their way into the defendant’s home.

A person can also claim self defence when they are in a position to prevent an armed intruder from entering their home and the intruder has not previously been involved with violence. Some state legislatures have codified this common law principle, called the “castle doctrine.”

Imminent Threat

In order to justify the use of force in self defence, the victim must be facing an attack that is certain to occur and a threat of immediate injury or death. This may include a threat made by words or action, but the attack must be an immediate and certain threat of injury or death.

The threat must also be active at the time of the self defence, and it cannot be retaliatory in nature or an attempt to frighten the victim into committing a crime. It is not an excuse for a violent crime, but it can be used to fend off an intruder and prevent their attempt at a serious felony (Oregon Revised Statute 2010, Idaho statute 2018, Washington legislature 2018).

Proportionality

In deciding whether self defence was justified, courts and juries must consider the amount of violence that the victim would have been required to inflict on the attacker, or whether they were in an appropriate position to do so. For example, if an intruder was in the garage of Wanda’s house, and she was in a position to push or shove him away, it would be unlikely that she could slap or hit him without killing him.

This is because an intruder who is pushing or shoving a person should be expected to do so in proportion to the size of the intruder, not in proportion to the size of the victim. This is because the intruder is likely to know that the victim’s actions are a response to the threat of a robbery.

It is also important to remember that self defence can be a perfect or imperfect defense, depending on the circumstances. Defendants who use self defence in a murder case can be acquitted or have their convictions reduced to manslaughter or second degree.

A defendant can also claim self defence in a case where they unintentionally kill the victim. This is known as imperfect self defence, and it can reduce the criminal charge or even the sentence to some extent, but it will not excuse the murder.