What Does the Law Have To Say About the Use of Force In A Self-Defense Situation
Now I am not an attorney, so please DO NOT consider this to be legal advice what-so-ever. That can only come from a competent and professionally licensed attorney in the state in which you reside concerning that particular state's laws governing the act of using force in a self-defense situation.
For example, let's say you are faced with the following situation. You are walking to your car after a hard day at work when all of a sudden you see a man approaching you. He walks up to you and here is a transcript of what happens:
NOTE: The capital "A" stands for attacker and the capital "Y" stands for you.
A. Hey man, got any cash you can spare?
Y. Sorry, I just got off of work and I don't get paid till Friday.
A. Give me your wallet man, or I'll bust you in the head.
Y. BAM! BAM! (Insert your favorite techniques or techniques here.) Your attacker is now either running away, or lying unconscious on the ground while you get in your car and drive safely away.
Here are the laws concerning this particular situation as defined by Nevada State Law.
NRS 200.471 Assault: Definitions; penalties.
1. As used in this section: (a) "Assault" means intentionally placing another person in reasonable apprehension of immediate bodily harm.
OPINION:
Now this would be a perfect example of an assault as your attacker, having stated that he intended to "bust you in the head" if you didn't comply with his unlawful request, has put you in reasonable apprehension of immediate bodily harm.
NRS 200.481 Battery: Definitions; penalties.
1. As used in this section: (a) "Battery" means any willful and unlawful use of force or violence upon the person of another.
OPINION:
Now technically, your attacker has not committed battery upon you as he has not actually used force or violence upon your person. However, it could be construed that you have committed battery as you have used physical violence first upon your attacker. Fortunately, this is a legitimate response to an actual threat and will be cleared up for you as you read further in this article.
NRS 193.240 Resistance by party about to be injured. Resistance sufficient to prevent the offense may be made by the party about to be injured:
1. To prevent an offense against his person, or his family or some member thereof.
2. To prevent an illegal attempt, by force, to take or injure property in his lawful possession. (Added to NRS by 1967, 1469)
OPINION:
In the example previously given, your attacker has not only threatened you with immediate bodily harm, but he has also attempted to take by force and the threat thereof property from you that is lawfully and rightfully yours to possess. Therefore, you are lawfully within your rights to use physical force to prevent your attacker from:
1. Attempting to take property that is lawfully in your possession. Your wallet and the contents thereof.
2. To prevent your attacker from using physical violence against you while engaging in an illegal act. Of which he stated that he would do, if you didn't comply with his demands.
However, you are only permitted to use that amount of force necessary to prevent your attacker from injuring you and/or taking that property which is lawfully yours.
NRS 193.250 Resistance by other persons. Any other person, in aid or defense of a person about to be injured, may make resistance sufficient to prevent the offense.
OPINION:
Although my example did not cover the aspect of coming to the defense of a third party, you can clearly see that you are lawfully able to do so. However, you must keep in mind that the same laws apply to the defense of a third party as they do to defense of your own person. You must only use that force that is necessary in order to prevent the attacker from committing the offense against you, a party you are defending, or to prevent the illegal attempt by force to take or injure property in your lawful possession.
In closing, I would like to emphasize the fact that at all times you should try and avoid potentially dangerous or violent situations. However, if you are unable to, always use only that force which is necessary for each given situation. Remember, every situation is going to be uniquely different and what may work well in one situation may be totally inappropriate to use in another. Always try to use your brains before using your brawn.
Related Tags: self, law, martial, arts, defense, battery, force, assault, shawn, kovacich, attacker, defender
Shawn Kovacich has been practicing the martial arts for over 25 years and currently holds the rank of 4th degree (Yodan) black belt in both Karate and Tae Kwon Do. Shawn has also competed in such prestigious full-contact bare knuckle karate competitions as the Shidokan Open and the Sabaki Challenge, among others. In addition to his many accomplishments, Shawn is also a two time world record holder for endurance high kicking as certified by the Guinness Book of World Records. Shawn is the author of the highly acclaimed Achieving Kicking Excellence™ series and can be reached via his web site at: http://www.kickingbooks.com
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