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Speak Up! - View Question #570 |
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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.
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On 02/28/02
Jeremy from NC said:
THe Overriding term here is REASONABLENESS. If they were going to punch you, yes, you could punch them, but if they just reach out to grab you, chances are, their hand is moving slow enough to stop. Avoid the hand and warn them that you will hurt them if they continue. If they persist, take whatever action is reasonable. There is no shame in running from a fight. If you can't talk your way out of it, try running. Explore all options before getting physical.
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On 01/29/02
Jack from AZ said:
Thats a good question "A". If Someones getting ready to grab you (Like grab you on the shoulder) and you see them reaching for you, are you allowed to retaliate in a "Sane" manner?
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On 12/29/01
A from Othe said:
If you are threatened by someone and they go to grab you neck, would it be ok to punch them without getting prosicuted. Even if they didn't touch you.
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On 09/20/01
chris c from AZ said:
If I don't make the attempt to get away is it still considered self-deffence?
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