Legal Definitions - perfect self-defense

Perfect self-defense is a complete legal justification for using force, including deadly force, against another person. When successfully argued, it means that the defendant's actions, though they might otherwise be considered a crime, were legally permissible because they were necessary to protect themselves or another from an imminent threat of serious bodily harm or death.

For a claim of perfect self-defense to succeed, several conditions typically must be met:

• The defendant must have reasonably believed they were facing an immediate threat of death or serious bodily injury.
• The force used must have been necessary and proportionate to repel that threat.
• The defendant must not have been the initial aggressor in the conflict (or must have clearly withdrawn from the conflict before using force).

If these conditions are proven, perfect self-defense leads to an acquittal, meaning the defendant is found "not guilty" and faces no criminal liability for their actions.

Here are some examples illustrating perfect self-defense:

• Example 1: Home Invasion

  A homeowner is asleep when they are awakened by the sound of an intruder breaking into their bedroom. The intruder is holding a weapon and advances towards the homeowner. Fearing for their life, the homeowner retrieves a legally owned firearm and shoots the intruder, causing a fatal injury.

  This illustrates perfect self-defense because the homeowner had a reasonable belief of an imminent threat of death or serious bodily injury from the armed intruder in their private space. The use of deadly force was deemed necessary and proportionate to stop the immediate, life-threatening aggression.

• Example 2: Unprovoked Street Attack

  While walking alone at night, an individual is suddenly ambushed from behind by two attackers who begin to punch and kick them repeatedly, attempting to steal their belongings. The individual manages to fight back, disarming one attacker of a sharp object and using it to defend themselves, causing significant injury to one of the assailants, who then flees with the other.

  This demonstrates perfect self-defense because the individual was subjected to an unprovoked, immediate, and severe physical assault that posed a threat of serious bodily harm. Their actions were a necessary and proportionate response to protect themselves from the ongoing attack by multiple assailants.

• Example 3: Defending Another Person

  A parent is at a park with their young child when a large, aggressive dog, off its leash, suddenly charges at the child, attempting to bite them. The parent immediately steps between the dog and the child, using a nearby stick to strike the dog, causing it to retreat with an injury.

  This exemplifies perfect self-defense (specifically, defense of a third party) because the parent reasonably perceived an imminent threat of serious bodily harm to their child from the attacking dog. The force used was necessary and proportionate to protect the child from the immediate danger.