Legal Definitions - defensive-force justification

Defensive-force justification is a legal defense that allows a person to use force, including potentially deadly force, when they reasonably believe it is necessary to protect themselves or another person from imminent harm. This harm could include physical assault, kidnapping, or other serious threats.

When successfully argued in court, this justification means that an act of force, which would otherwise be considered unlawful, is deemed permissible because it was a necessary response to an immediate danger. Key elements often considered include the immediacy of the threat, the reasonableness of the belief that force was necessary, and the proportionality of the force used in relation to the threat.

• Example 1: Self-defense against an attacker

  Imagine a person walking alone at night who is suddenly ambushed and physically attacked by an assailant attempting to rob them. The person fights back, striking the attacker to escape and prevent further injury. If the attacker later presses charges for assault, the person could argue defensive-force justification.

  This illustrates the term because the individual used force solely to protect themselves from an immediate and unprovoked physical threat, making their actions justifiable under the law.

• Example 2: Protecting a vulnerable person

  Consider a situation where a bystander witnesses an elderly person being violently mugged and pushed to the ground by a much younger, stronger assailant. The bystander intervenes, physically restraining the assailant until law enforcement arrives, causing minor injuries to the assailant in the process.

  Here, the bystander's actions would likely fall under defensive-force justification, specifically the defense of others. They used force to prevent serious harm to a vulnerable individual who was unable to adequately defend themselves against an immediate threat.

• Example 3: Home invasion

  A homeowner wakes up in the middle of the night to the sound of breaking glass and discovers an intruder, armed with a crowbar, attempting to enter their child's bedroom. Fearing for their child's safety, the homeowner confronts the intruder and uses a legally owned weapon to neutralize the threat, resulting in injury to the intruder.

  This scenario demonstrates defensive-force justification because the homeowner used force to protect themselves and their family from an imminent and serious threat within their own home, where there is often a heightened legal right to self-defense.