The
Law and Self Defense
How much is too much? When does
self defense become active aggression in the view of the courts?
How much "force" is allowed when trying to protect yourself
and your loved ones?
These are all good questions and
it is important to at least have a basic understanding of the
answers and how they pertain to self defense.
Let me start off by saying that
I am not an Attorney. I am not offering legal advise in this
article. I am merely expressing my opinion as a long time self
defense instructor.
There is an old saying in the
martial arts that goes like this: "I would rather be judged
by twelve than carried by six". This may be true, but with today's
liberal courts you ought to be careful about at what point you
stop being a defender and start being considered an attacker
yourself!
For the most part it is probably
okay to counter attack to a point where the "threat" is diminished
or no longer there. It is probably not okay to continue 'to
be sure they don't get back up' as is taught by most instructors.
The law allows each of us to defend
ourselves. Most states allow you to use "equal force" in that
self defense. I take that to mean that if someone comes at you
with a knife that your response to that threat may be stronger
than if the attacker was unarmed.
The "threat" of an eleven year
old attacker would probably be considered less then a six foot-two
adult male. If you are female, chances are you would be allowed
to use more force than if you are a male.
If you are trained (especially
if you are a black belt) the amount of force you are allowed
by law may be less (and probably would be less) than if you
were un-trained.
Disclaimer: This is not legal
advice as the author is not a lawyer. It is only his lay opinion.
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defense that is quick and decisive. Defend yourself against
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