If someone punches someone first and the other person kicks their ass is it still self defense?Where is the line drawn?Asking for a friend[Beer]
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If someone punches someone first and the other person kicks their ass is it still self defense?Where is the line drawn?Asking for a friend[Beer]
Talking about experiences: If you kick their ass, but do not escalate with any kind of "Weapons" or proxy (can include a stick, tire iron, BBbats, beer bottle, etc...), then, yes, it is legitimate defense.
I had some good witnesses too, and the cops just let me go, and charged the other guy with assault...
Also if someone assaults you,with no weapons, but your disabled.Can you shoot them?
One is allowed to use whatever force is necessary to end the threat of bodily injury. Beyond that, he's treading on very thin ice...
A credible threat of "serious bodily injury or death" can be met with lethal force. If the attacker has a significant physical advantage, that could be construed as meeting that standard. For instance, a 240 pound , 6 ft 4 man attacks a 100 pound, 5 ft tall woman, or an able bodied man attacks a person that needs a walker. Any significant disparity MAY justify the use of lethal force, but it might end up being decided by a jury.
'Officer, I fear for my life, I want my lawyer now.'
This is subjective to some people.
I never unholster unless I feel my life is threatened and the person is showing
signs or actions he wants to do more than kick my ass.
If your going to get an ass beating, even as a disabled person, it isnt IMHO grounds
for unholstering and killing a person. If they are in a wheelchair, this would make things a bit diffrent. YMMV
Well here's the real game changer- what if someone is aggravated, they want to kick your ass, and you are carrying? I would think the fear would be that if they are a better fighter than you, and they discover you have a firearm on your person- what next? What if they get into a position to take it from you and use it? That would be my fear... That's reason #1, when carrying, that I try to avoid or peacefully defuse a potential violent situation at all costs.