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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 01/09/04
dont worry from NY said:
if someone challenges me to a fight is it ok to fight him and can you get in trouble by a schoool if u dont fight on school grounds?
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On 01/07/04
chris from FL said:
if iam attacked can i sue them or call the police and get them in trouble
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On 05/07/03
O from NY said:
What if your cornered by someone (unprovoked) much stronger than you and you have no way to hurt them back? i.e. the train. Should you say nothing so that they will have nothing to argue with you about? And when does bullying become serious enough to report it? I was smacked around by a guy and his two other friends on the train (demanding money) and no one else on the train lifted a finger to help me when it was obviously unprovoked and I was outnumbered. I would have beat the guy to a pulp if I was a strong person, but there was just nothing I could do.
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On 03/15/03
~Unknown~ from CA said:
This 20 y/o said he was gonna beat me up for something i didnt do. My friend did it and he was just joking and he clarified that. This guy is just the girl's over protected cousin. He goes to UGA and has a 16 y/o brother who he is saying he is going to get on us if he doesnt. He gave us one more chance....
...whatever that is.
Signed,
UNKNOWN
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On 01/21/03
scott from OH said:
See, if somone is makin fun of you for something you're not. Its not that they're wrong about you, its the point that they're makin fun of you. I can see gettin mad. And I do, so if they want to settle it with a fight im up for it. Im not scared of the punoshment. Although fighting goes against my beliefs as an Anarchist, and it doesnt settle much of anything. society has taken it as a way to prove yourself, even though they are wrong theres no sense in fighting it.
So FIGHT FOR YOU RIGHTS!
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