Saturday, November 14, 2009

Self defense?

In the state of pa how many times do you have to be (punched,kick,assaulted) before you can use self defense.

Or is there no law and it is just implied immediately.|||Self defense is an %26quot;affirmative defense%26quot;. That means it is your responsibility to prove you had the right to use it. It is never %26quot;implied immediately%26quot;.

There is no set limits on how many times you can get hit, it depends on each individual situation, and has many variables. One of the most important you will be asked...Did you have the ability to retreat?|||You are allowed to meet force against you with equal force in defense of yourself. Basically, the force you can use is the force a reasonable person would use in the situation. Self defense IS NOT an affirmative defense. If you are charged with assault, and you bring out some evidence that you acted in self-defense, it is up to the prosecution to prove beyond a reasonable doubt that you DID NOT act in self-defense. It is not up to you to prove that you DID act in self-defense. This is true in ALL states. However, I would report the threats before it goes that far for a couple reasons. 1) Reporting the threats does not make you a sissy. Threatening someone is a crime. And 2) If you have reported the threats to the authorities and she attacks you. . .causing you to act in self-defense, the report of the previous threats will be the little bit of evidence you need to get an instruction on self-defense. As for a duty to retreat if you can (as mentioned by some of the previous answerers), that depends on the laws of your state. I am unsure about the laws on retreating in PA, but in Kentucky, there is NO duty to retreat.|||There is no number, once it starts you can use a reasonable level of force to get out of a situation. But once you have the opportunity to get away from that situation, you have to leave, because if you continue to use force, your committing assault.

EDIT to your edit.

threats like that are considered a crime called menacing. (in Ohio, in other states it might be assault) If she threatens %26quot;physical harm%26quot; it is menacing, BUT if she threatens %26quot;serious physical harm%26quot; it is aggravated menacing.|||None.

You%26#039;re allowed to use %26quot;necessary force%26quot; to stop him hitting you in the first place.

Note that a claim of self-defense won%26#039;t stop you being charged in the first place, but you can present it as an affirmative defence at trial.

Richard|||It%26#039;s subjective. If the reasonable prudent person felt that there was an imminent threat of grievous bodily injury or death in the same circumstances, then they have the right to use deadly force. It just has to be proportionate to the perceived threat.|||You can swing back as soon as you get kicked or punch, but you have to be doing it to get away from him not to hurt him. So if he swings and you swing back a few times to subdue him just to get away it is legal.|||Reporting a threat is not sissy. It is using the law to protect you in it%26#039;s proper setting. That is what the laws are for. I would have a small tape recorder with me and record the threats. Also it would not be too bad an idea to have another trusted person with you to witness the threats. Then go to the DA and ask for a restraining order. After that if the girl continues to threaten, you have her not only with new threats but disobeying a court order. Which means she will have time to consider her actions in a cell.

Sarge former LEO

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