Is it against the law to defend yourself against an attack?

S

sgoldperson

New member
I don't know the laws there, but depending on State laws yes you can get in trouble for assault as well. Some States set the law to say you have to try to get away as soon as you can. That means you can knock him down to get out of the fight, but when you keep punching him after you could have left it is no longer self-defense. Sure the other person started it and you got the cops right away so they will go easier on you, but that doesn't make it legal.
 
Not a simple answer. (situational) It is against the law when it is determined that by defending yourself, you used excessive or deadly force unjustifiably.

Depending on the circumstances in any attack, there are three methods of self defense that might be used, reasonable force, excessive force, and deadly force. Anytime an investigation reveals that you unjustifiably went beyond reasonable force into excessive or deadly force for the situation, you can be charged legally and are liable civilly.
 
There is a general right to self-defense, but the line between self-defense and assault is complicated. Some states include a "duty to retreat" and they all require that in order to justify the actions you use the minimum amount of force necessary to prevent harm to yourself. Typically, this would not encompass severely injuring someone.
 
I live in Minnesota for the record. Say I'm walking home from the bar and somebody confronts me, one thing leads to another, and a fight breaks out. Say the attacker tries to hurt me, and I end up severely injuring him with only my hands. Can I get in trouble for merely defending myself? Even if I call the police right away?
 
I don't know the laws there, but depending on State laws yes you can get in trouble for assault as well. Some States set the law to say you have to try to get away as soon as you can. That means you can knock him down to get out of the fight, but when you keep punching him after you could have left it is no longer self-defense. Sure the other person started it and you got the cops right away so they will go easier on you, but that doesn't make it legal.
 
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