A Brief inquiry into the nature of a self-defense case, Part I

“It is well settled that, if a man is attacked, he has a right to defend himself. If the attack is of such nature as to create a reasonable apprehension of great bodily harm, and he acts under such apprehension, and in the reasonable belief that no other means will prevent harm, he has the right to kill the assailant.” – Unknown Judge. Cir. 1800

The basic elements required to maintain a self-defense case include:

The victim had a reasonable belief that she was in imminent danger of great bodily harm or death.

The victim believed that she, or a third party, was in such imminent danger that the victim could only save herself, or the third party, through the use of deadly force.

The victim used no more force than was needed under the circumstances.

The victim acknowledges that her use of force was intentional, and not an accident.

The victim was not the initial aggressor, nor injected herself into the situation raising the aggression.

Height, weight, and physique of both the victim and attacker are considered. If the victim is smaller, lighter, frailer, or weaker than the attacker, the attackers’ body may provide a sufficient weapons’ threat against the victim. The greater the disparity of force, the easier it is to justify a response.

It is unnecessary that an armed attacker have his gun aimed at the victim for the victim to respond to a threat. If the victim sees a firearm in the waistband of the attacker, the victim may respond since an untrained attacker can draw a gun and shoot in less than one second.

Displaying a firearm as a deterrent against a threat constitutes use of a firearm, but like a warning shot is unwise.

A victim is in the best position if she uses a firearm and ammunition similar to that used by law enforcement. Heavily altered firearms and reloads can be a problem. The law abiding citizen uses factory self-defense ammunition.

A quality holster is beneficial. Resist carrying a handgun without a holster.

To be continued.....