Misunderstandings are the part and parcel of life. It’s a trait that makes us humans. However, it is better to avoid misunderstandings, conflicts, and fights but sometimes it becomes necessary to resort to physical violence to protect oneself from external harm. Now the question arises, is it legal to use physical violence to protect or defend oneself? If so. To what extent is it legal without facing criminal charges? Let’s discuss this more in this article.
Understanding the Mechanism of Self-Defense
Self-defense is not a newly adopted concept. It works on the basic concept of human psychology that if our body senses harm externally then definitely it will try its best to respond to that external stimuli. Law gives you the right to defend yourself in case of anticipated immediate harm. But it is upon the person to make sure that this self-defense right should not be exceeded.
A person will not face any criminal charge for practicing his right to self-defense against his aggressor if he keeps in mind these points which are mentioned below:-
Self-Defence should be in check
The person applying self-defense should be assured that he will not exceed his right to practice self-defense. Self-defense is for preventing harm not for taking revenge.
Valid Defence for Practising Self-Defence
The person should have a valid right to self-defense, a trespasser can’t practice the right to self-defense.
Force used should be proportionate to the harm
The amount of force used in the self-defence should be in proportion to the harm inflicted upon you.
Self-defense is not applicable when you are the initial aggressor
You can be held liable for initially starting the fight irrespective of everything. Your right to self-defense will be curbed if you are the initial aggressor.
Right to Use Deadly Force
However, there are some cases and situations where the person is legally allowed to use deadly force against his perpetrator during the practice of his right to self-defense. These cases are given below:-
Duty to Retreat
In most states in the USA, law enforcement agencies give you the chance to retreat before using any type of deadly force. Before using any deadly or lethal force, the person who is being threatened cannot practice his right to self-defense when he has the right to retreat to a safe place.
Castle Doctrine
This doctrine is the complete opposite of the duty to retreat. In this doctrine, a person is allowed to use deadly force against his perpetrator to protect himself from the harm inflicted if he is attacked at home
Stand Your Ground Laws,
However, a slight majority of USA states allow the threatened person to use deadly or lethal force against the perpetrator irrespective the consequences and right to retreat.
In a nutshell, it can be concluded that a person should avoid fighting with another person but if a situation demands, the right to self-defense should not exceed reasonable force. God forbids if a person is charged with a criminal case then we are the best criminal defense lawyers in California. Contact us to get appropriate legal consultation.
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