What constitutes self-defense?

What Constitutes Self-Defense?

When facing a threat or attack, you have a right to defend yourself. But lawful self-defense has limits. Understanding what legally constitutes self-defense is key to avoiding criminal charges for any injuries you may cause to an assailant.

The criteria for justified self-defense vary somewhat by state but generally include:

Imminent Danger

There must be an imminent or immediate threat of harm to you, not just a generalized fear of future harm. The threat can be verbal or nonverbal but needs to put you in reasonable apprehension of injury in that moment.

No Provocation

You can’t provoke or instigate the confrontation then claim self-defense after escalating the situation. However, non-threatening words alone are not legally considered provocation.

Reasonable Force

The level of force used to defend yourself must be proportionate to the severity of the threat. You can only use the minimum force necessary to prevent the harm. Excessive force makes it no longer self-defense.

No Escape

Generally, the law expects you to retreat or escape the attack if you safely can. Using physical force should be a last resort when you have no reasonable means of avoiding injury.

No Mutual Combat

If two parties willingly engage in mutual physical combat not initially provoked by either one, self-defense ceases to apply. However, one party withdrawing ends mutual combat.

These criteria set key boundaries on lawful self-defense. Actions going beyond these limits are likely to be considered criminal assault or battery instead of justified self-defense.

Imminent Danger

The threatened harm must be imminent, meaning immediate, urgent, and unavoidable through any other means. There is no bright line rule on how imminent, but most states require an immediate threat rather than just a potential future threat. Some factors courts consider include:

• Physical proximity of the assailant
• Weapons or ability to inflict harm
• Statements or gestures made by the assailant
• Mental state of the assailant
• Prior history of violence

In general, the threat must be real-time, not hypothetical. Past threats or attacks do not justify using force against someone who is not posing a threat in that moment.

No Provocation

Even if threatened, you lose the right to self-defense if you provoked or initiated the confrontation through unlawful actions. However, mere words alone are not legally adequate provocation. For example:

• You can’t commit assault then claim self-defense when the victim fights back.
• You can’t verbally threaten someone then injure them claiming they reacted aggressively.
• But using legal open carry of a firearm or harsh language does not justify an attack.

Provocation makes the initial aggressor liable, even if they ultimately end up injured.

Reasonable Force

The force used must be objectively reasonable – meaning what a reasonable person would deem necessary to prevent the threatened injury in that situation. Relevant factors include:

• Size/gender/age differences between parties
• Nature of threat – punch, weapon, etc.
• How imminent and severe the harm threatened was
• How likely force was to avert the threat
• Whether less harmful alternatives were available

Using excessive force exceeds self-defense and can incur criminal liability. This includes striking an unarmed attacker with a weapon or using disproportionate force.

Duty to Retreat

Some states impose a duty to retreat before using force if you can do so safely. This means you must make reasonable efforts to avoid the confrontation by:

• Leaving or backing away
• Barricading yourself in a safe place
• Only using force if cornered and unable to flee

States with stand your ground laws remove the duty to retreat in public spaces, allowing you to use force without retreating.

No Mutual Combat

If two parties willingly and consensually engage in physical combat not initially provoked by either one, it is considered mutual combat. This makes self-defense inapplicable unless:

• One party communicates their withdrawal (like yielding)
• One party incapacitates the other then uses necessary force to prevent their recovery

Escalating mutual combat by sucker punching or using weapons can still incur criminal liability.

Weapons and Self-Defense

The use of weapons while defending yourself also must be reasonable and proportional. For example:

• You can’t claim self-defense stabbing someone unarmed
• Brandishing a weapon you don’t need can undermine the self-defense claim
• Responding to non-deadly force with deadly force is seldom justifiable

However, victims are not expected to use strictly equal force to the aggressor either in all cases.

Mistakes and Accidents

Honest but unreasonable mistakes in judging the need for force may still be assault or manslaughter if harm results. However, truly accidental harm or death of an assailant generally does not incur liability so long as your actions were lawful self-defense.

Pre-emptive or Preemptory Strikes

Striking first is rarely defensible, even against a threatening person. Preemptive self-defense requires:

• Immediate necessity of using force
• No chance to exhaust other options first
• Reasonable fear of unavoidable grave harm

Given these stringent conditions, preemptive force almost never justifies charges against an imminent threat.

Defense of Others

In most states, you can claim self-defense for protecting another person from harm using reasonable force if they would have been legally justified in protecting themselves.

Defense of Property

Self-defense for defense of property is more limited. Generally, you can only use non-deadly force to protect property and cannot escalate to deadly force only to defend property.

Home Protection and the Castle Doctrine

Special rules often apply to self-defense in your home in recognition of the sanctity of the home. Key principles include:

• No duty to retreat – you can stand your ground against intruders
• Presumption intruders intend harm
• Greater justification for use of deadly force

However, excessive force against non-threatening intruders (like drunk party guests) still negates the self-defense claim.

Imperfect Self-Defense

In some jurisdictions, imperfect self-defense occurs when you honestly but unreasonably believed deadly force was necessary. This can mitigate murder charges to manslaughter.

Burden of Proof

The prosecution bears the burden of disproving self-defense claims beyond a reasonable doubt. If the evidence supports multiple reasonable conclusions, your claim must stand.

The right to defend yourself is key, but never use more force than absolutely necessary. Understanding self-defense laws protects you from overstepping bounds.