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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
1 thru 5 of 29 comments
On 04/23/09
sam from NJ said:
i am 18 years of age and this girl calls me n tells me she wants to fight me, she is only 17. i wanted to be the bigger person and walk away but she want let me. If something happens what are my consciences if she hits me first?
On 11/26/07
Tyler from UT said:
There is this kid at school and he is bigger than me and he always takes my stuff and i cant fight with him cause my parents say that i cant but i think i should and i cant tell cause that wont do any good he will keep doing it what should I do?
On 09/30/07
jodee from AZ said:
one day this kid who was very mean to every body came up to me for no reason and hit me in the jaw and i just snapped i started beating his face in so hard and brutal the kid had blood running from his nose and was sobbing and crying is that self defense.
On 09/08/07
vince from NC said:
There are these two jerks in my neighborhood. Today they were spitting on me and slapping me with their fists and magazines. So I snapped and punched one of them in the stomach and chased them both down the street with a wooden pole. Of course, they ended up almost breaking my fngers. I don't know what I did to them. Now it's really hard to type with a bruised/broken fingers. Should I break their fingers back? Or just lay off. HELP ME PLEASE!!!
On 08/29/06
josue from TX said:
This kid was all in my face and im like shut up and he starts talkin shit so i punched him in tha face like 3 or 4 times and the school and tha district said i have to pay a fine for $500 dollars and that i have to go to Juvinile Correction!! IS THIS FAIR
1 thru 5 of 29 comments



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