Self Defense Principles Under the American Law

The right to own a gun is generally seen as fundamental to the American way of life. However, it is interesting to note that just 3% of American adults own in excess of 133million firearms!

Approximately another 132 million guns are owned by the rest of the 31% of Americans that actually own a gun.

Unsurprisingly gun ownership and use is concentrated in the poorest areas of the country.

While most people purchase guns for self defense reasons this is not the only way in which you can hurt someone in the name of self defense. It is important to understand the rules regarding self defense.

Your Fundamental Right

It is accepted in most countries round the world that you have the right to take action, even if it would usually be considered criminal in nature, providing your life is at risk.

Of course if you take this action here will be an investigation. Your defense will be self defense and you should use a qualified Phoenix criminal attorney, or one close to where you live.

The Principles

Self defense justifies the use of force but only when you are responding to an immediate threat to your well being. It is worth noting that the threat can be verbal but it must be accompanied with a threat of physical harm.

However, the moment your well being is no longer in danger you must stop your self defense, or you will be the one liable for criminal assault.

Understanding The Threat

It is generally fair to say you are being threatened when you believe that a third person would also feel threatened.

This is a difficult concept as different people have differing levels of tolerance for other people’s behavior.

A good way to illustrate this is by considering two strangers walking towards each other. The first one sees a bee by the other’s head and reaches to swat it away. However, the second person doesn’t see the bee, just the incoming hand. They react by hitting the first person in the face.

The second person is technically guilty of an unprovoked assault on the first person. But you could argue that they were acting in self defense as they saw the first persons hand as a threat.

The fact that no threat or harm was intended is irrelevant at this point!

Your Level Of Response

This is critical to arguing a successful self defense. Your response must be appropriate to the situation. Shooting someone who is angrily yelling at you is not self defense.

You should never use a weapon if the aggressor doesn’t have one. If they have a deadly weapon you’ll be entitled to fire first. If they punch you then you can punch back. You can also punch first to avoid the threat evolving.

It is important to note that for a self defense plea to really work you should have no other option for escape. Most states require you to attempt to flee from nonlethal force before you react physically.

If you are threatened with lethal force then you should stand your ground and defend yourself vigorously.

Lastly it is worth noting that most states will accept the use of deadly force if someone unlawfully enters your home. Your home is seen as your castle and you have every right to defend it aggressively.