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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.


    Comments
    6 thru 10 of 29 comments     1  [ 2 ]  3   4   5  ...   
    On 06/07/06
    Dave from NJ said:
    theres this obesed kid at my school who annoyes every one. One day he just kept on annoying me and i snapped. I just stood up and punched him so hard, it broke his nose. I didn't get in any trouble for that because i said it was self defense and all my friends and every 1 in my class backed me up since we all hated that kid.
    On 05/13/06
    nick from CA said:
    the best thing to do in a fight is run but when u cant u have to defend ure self. allways look at them in the eye you can easaly se what hand are they going to hit you wit so u can duck or step back.allways keep ure hads up and togheter so u can block theyre hits.use ure shoulders and hips to get a better and hard hit.if ure the first one to hit keep hiting them u know theyre gonna hit u back.and u dont only need to use ure fists u can also use ure elbows knees head bub ect.now when theve falin to the ground thats ure chance to run.
    On 11/07/05
    matt from TX said:
    some dude on the bus was leaning on me so i told him to get off....when i told him to get off of me he blew up and started yelling. so we were like in each others face and what ever but he finaly pushed me. so we started boxing. if he pushed me do i still get in trouble?
    On 11/04/05
    Theresa from IN said:
    i confronted a chick about how i didn't like her flirting w/ my boyfriend and that i would like her to stop. she told me, that she'll do w/e she wants. i started to walk away and she started to choke me i punch her off and gave her a pretty black eye. now the school wants to suspend me and not even give me any leway. did do somthing wrong that i shouldn't of done? HELP!
    On 10/26/05
    bob from NE said:
    some kid hit me in the face and so i hit him back and messed up his whole face with just a couple of punches the cop said if i admit to doing it i wont get in as much trouble and i was like yeah right i already know the law and i said i was just defending myself i got suspended fore 14 days so my advice is dont tell the cops anything they are not your friends
    6 thru 10 of 29 comments     1  [ 2 ]  3   4   5  ...   



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