Legal Awareness Rights

Is it legal to use extreme force to act in self defense?

A universal principle considers that every person must defend himself against danger or certain damage. Normally, these types of reactions are almost always instinctive, since it is a biological trait that corresponds to acting in the same way as one attack. Since the human species is also an animal, and, in general, the reactions tend to be like that.

act in self defense
Image Credit

Human behaviors, too, are constituted in the legal system of the United States, where all states give rise to and authorize a defendant to properly defend himself against a violent crime. But, the legislative regulations are highly specific so as not to transgress certain cases of violence.

What is self defense?

It is an action to avoid suffering damage or counteract the violence that can be exerted on oneself. Generally, the acts correspond in the same way as they are performed, that is, if they are blows, the response will be the same, or failing that, actions that reduce pain and assign pain to the other person.

However, legally the situation must be evaluated very well to determine if the person acted in self-defense or not. It should be questioned how much force was exerted? Who provoked the attack? Should victims really avoid violence at all costs? What happens when the victim perceives violence and exercises it when in reality it did not exist? Among other things.

When you begin to analyze the context, the conditions become more complicated to determine whether or not it was self-defense. And, therefore, the laws define and detail very well what can be taken as self-defense.

See: Physical Abuse Is Not The Only Type Of Domestic Assault

Self defense as for the laws

Numerous states have enforced laws such as stand your ground, which is directly related to self-defense. States like Florida, among others, have enacted such legitimacy since 2005, however, they are not as open as they seem, since evaluating and analyzing self-defense actions can be very complicated.

In other instances, various states have formalized laws that are assimilated to the defense of position, but with different objectives and keys for understanding.

In turn, they are related to specific environments, not every situation can be endorsed by said regulations. Contexts such as domestic violence, defense of housing, among others are the most important for many Union states.

Important factors of self defense

  • Fear in relation to harm: Can it be reasonable? Many of the justifications for self-defense are generated from fear. Where the reasonable person – legal presumption – reacts immediately to the fear that the other person may cause. However, such action may be subject to different interpretations at trial.
  • Imperfect self-defense: These are those people who have acted objectively reasonable, that is, at the moment they perceive the damage, they react to the moment by exerting equal or worse damage. Although the aggressor is not exempt from the crime, the victim can cause certain problems.