Legal Definitions - moderate force

The term "moderate force" refers to the use of physical power that is not intended or likely to cause death or serious bodily injury. It is often used interchangeably with "nondeadly force." This type of force is typically employed to restrain, control, deter, or defend, without escalating to a level that could result in severe harm or loss of life.

Here are some examples illustrating the application of moderate force:

• Self-Defense Against a Minor Threat: Imagine a situation where an individual is being verbally harassed and physically cornered by another person who is not displaying weapons or making explicit threats of serious harm. To create space and escape the situation, the cornered person gently pushes the aggressor away without attempting to injure them.

  This illustrates moderate force because the intent behind the push is to disengage and remove oneself from an uncomfortable or threatening situation, not to cause death or serious injury to the aggressor. The force used is proportionate to the perceived threat, which in this case is not life-threatening.

• Law Enforcement Apprehension: A police officer responds to a report of a shoplifter who is attempting to flee a store but is not armed or actively violent. The officer uses a controlled tackle to bring the suspect to the ground and apply handcuffs, aiming to prevent escape and secure the arrest.

  This is an example of moderate force because the officer's primary objective is the apprehension and control of a suspect, not to inflict severe harm or death. The force used, while physical, is designed to overcome resistance and effect an arrest without causing serious bodily injury.

• Preventing Property Damage: A homeowner discovers a neighbor's dog repeatedly digging up their garden and causing significant damage. After repeated verbal warnings have failed, the homeowner gently but firmly guides the dog by its collar back to the neighbor's yard, without hurting the animal.

  This demonstrates moderate force because the homeowner's action is aimed at preventing further property damage and controlling an animal, not at causing injury to the dog. The force applied is minimal and proportionate to the goal of removing the animal from the property without inflicting harm.