![]() ![]() If they point a gun at you, you are allowed to pull out your own gun. Was your level of physical force the same as their level of threat?įor example, if someone pushes you and you stab them with a knife in return, your level of physical force was excessive and unreasonable to their level of assault. The second element of self-defense is the necessity of your threat to use or use of physical force. A reasonable person would go to the authorities so that they can eliminate the threat. This is not immediate and would not be seen as reasonable. ![]() If someone threatens to or actually assaults you and you did not immediately defend yourself in the moment of the act, you cannot hunt them down later to exact revenge for their earlier assault. Since their threat is not imminent, there isn’t anything for you to physically defend yourself against. If they threaten to harm you in the future, you cannot use physical force against them and claim self-defense because they haven’t assaulted you yet.įor example, if a person threatens to break your arm next week if you don’t give them money and you punch them in the face and knock them out, that is not considered self-defense. How did the person assault you? Did they threaten your immediate injury or death? Would a reasonable person think physical force was needed to defend themselves in the same situation?ĭo not try to claim self-defense when the threat isn’t immediate. They measure your belief against what they think a reasonable person would do in your situation It falls on the jury to decide whether a reasonable person would believe that physical force was immediately necessary to protect themselves against the threat or use of attempted, apparent, or actual physical force. The first element of self-defense is the immanency of your physical force. Keep reading this article to learn more about the three elements of self-defense. Self-defense can be broken down into three elements the immediacy of your physical force to protect yourself, your use or threatened use of no more physical force than would have appeared necessary, and your justification in the threat or use of physical force only while the danger continues. It basically means that you are legally allowed to threaten to use or use physical force against another person only if it is immediately necessary to do so against their attack. Self-defense is a defense based on justification under A.R.S 13-404 and is often used in assault, battery, and any other crimes that involve physical force. Is it legal to defend yourself if someone attacks you? Well… it depends on the circumstances. ![]() What Are the Three Elements of Self-Defense? ![]()
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