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Self Defense, You, And The Law

By Jim Wilkinson
Nov 7, 2009
There are many factors to be considered when the use of self defense is used. Many states differ with their opinion on what they consider valid self defense. These things include the extent, who it is used on, who is using it, and the reason why.

The term "Self Defense" is defined as "The defense of one's person or interests especially through the use of physical force, which is permitted in CERTAIN cases as an answer to a charge of a violent crime". What this means is that if you are attacked by someone with a gun and you were struggling to get the gun off of the attacker and it fired and the bullet struck him, you should not be held liable for a crime.

Some states vary what they consider self defense. You may have a can of pepper spray in your purse for personal protection. If you are approached by an attacker in the parking lot of a store and about to be car jacked then the use of your pepper spray would be appropriate and could ultimately save your life. Some laws in certain states would say that the use of the pepper spray would be inappropriate and illegal.

Don't take self defense too far. If you can incapacitate him and once your attacker is no longer a threat, leave the area and find the police. Don't stay at the scene and continue beating on him. That might be considered taking it too far.

Who you use the self defense on is another factor that has to be considered. You may think you are defending yourself if someone puts their hands on you but the person is a factor. For example, when you are thrown out of a nightclub by a few bouncers you do not have the right to physically defend yourself with pepper spray, tasers, stun guns, or anything else. You are not allowed to use physical force against police officers and any official that is restraining you for any reason. This could land you in jail.

The question of "Why" you used self defense also is a factor. If you are walking along through a park at night and see someone approaching you and you just "have a feeling" that they might attack you is not just cause for you pulling out your Taser and shooting them. On the other hand, if that same person made threats as they were approaching you and had a baseball bat in their hand, that is a different story.

Know the laws in your State when it comes to the use of self defense. Make sure that the personal protection product you want to buy, be it a stun gun, pepper spray or a Taser is legal in your State. You don't want to be the one that ends up spending time in jail because you used self defense!
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