Speak Up! - View Question #570

« LawForKids.org home page | « Go back to speak up question #570

Question: If you are beat up by someone and they hit you first, how far can you go in retaliation before you would get in trouble?

Answer:

You can only use reasonable physical force needed at the time to protect yourself. If you hit back based on verbal threats or start the fight, then physical force is usually not justified. See A.R.S. § 13-404. Whether the force is reasonable depends on each case. For example, you can use deadly force to protect yourself against deadly force but that would not be justified if someone just punches you. This usually means you can use the same amount of force that the other person uses.
It is important to keep in mind that claiming self defense will not automatically let you off for fighting back. For example, if the other person starts the fight but in the middle wants to stop, you must also stop fighting. If you continue to hit him, you most likely will not be excused for self defense. You do not have a duty to run away after someone hits you. But if you do try to run away but can’t escape and your only option is to fight back, then self defense will most likely be justified.

 

You should think about the danger that the person is putting you in, and respond with an amount of force that would protect yourself from it. For example, if someone is hitting you, you can would expect to be possibly injured, but not killed by the attack. Your reasonable response would be to hit the person back or injure them, but killing them would go to far. If someone came at you with a gun, then there might be a real threat to your life, and you could use whatever force you need, potentially even killing the person, to protect yourself.

The bottom line is that if you respond with a reasonable amount of force in your situation, self-defense completely protects you from doing something illegal. This means that you can not get in trouble for it at all. If, on the other hand, you go too far (using too much force), only then do you become liable for your actions.


Comments
21 thru 25 of 29 comments
On 01/19/03
Dan from AR said:
I am not a violent person..... but this "friend" of mine keeps making fun of me for quite a long time now. Everything I say he turns it against me and so on. He is mostly jokeing but he doesnt get it that I dont like it, and he even makes fun of my background. I tried to talk with him but he just doesnt change. He just cant put himself into my shoes. I cant take it anymore from him. It starts to affect my psychological development because I start to develop phobias of saying something. This friend of mine is not even that bright and the only reason I am still in contact with him is because my
On 10/14/02
travis from AZ said:
id say yes if u really think there gonna try somthing. if not no im made fun of alot and stared at and what not cuz im gothic i wear all black all teh time u know it comes with what i wear i got used to it alot of people try and fight me cuz of it i wont fight i refuse to fight i wont run but i wont fight its pointless i know i can fight i just choose not to. hitting someone or kicking them to show ur a "bad app" is just stupid theres not point at all when fighting is alright now if someone way bigger then u trys talk urself out of it if u cant let them hit u 1st or attempt to try and do
On 08/21/02
Sam from AZ said:
I'm 14 years old and i got charged with assault for breaking the tooth of the person i was fighting. What is the maximum penalty i can recieve?
On 07/18/02
Blake from AL said:
I have a problem with what you said about "there is no shame in running from a fight." The more fights you run from the more you are going to be bullied because the bully is going to see that he can pick on the person without him retaliating. I'm not saying you should go looking for a fight but if someone is bullying you around or is mad at you and they reach out to grab you, chances are they might just hit you. So what you said about stopping their hand as they go to grab you and just threatening them, in my opinion, is a good way to get knocked out. What if your threat does not work and they
On 03/27/02
Jeremy from OK said:
My friend was suspended for defending himself. The guy was alot bigger than he was but when he tried to defend himself the guy beat him harder. They both were suspended my friend now has 18 hours of community service for defending himself.
21 thru 25 of 29 comments



Read more about the law and Other
Related Stories
Related Laws
« LawForKids.org home page | « Go back to speak up question #570