Legal Definitions - personal defense

Personal defense refers to the legal right an individual has to use a reasonable amount of force to protect themselves from an immediate threat of physical harm. This right is generally recognized when a person reasonably believes they are in danger and that the force used is necessary to prevent injury, assault, or death.

Here are some examples illustrating personal defense:

• Example 1: Home Invasion

  Imagine a homeowner who is asleep when they are suddenly awakened by the sound of glass breaking downstairs. Upon investigating, they discover an intruder in their living room, holding what appears to be a weapon. Fearing for their life and safety, the homeowner retrieves a legally owned firearm and orders the intruder to leave. When the intruder lunges towards them, the homeowner fires a warning shot, causing the intruder to flee the premises.

  This scenario illustrates personal defense because the homeowner faced an immediate and credible threat of serious physical harm from an armed intruder in their home. Their actions, from confronting the intruder to firing a warning shot when directly threatened, were taken to protect themselves from imminent danger, using force they reasonably believed was necessary to stop the threat.

• Example 2: Street Assault

  Consider a person walking alone at night who is suddenly accosted by an individual demanding their valuables while brandishing a knife. The person, fearing for their life, attempts to de-escalate the situation verbally. When the assailant moves closer and makes a threatening gesture with the knife, the person quickly uses a self-defense technique to disarm the assailant and create distance, then immediately runs to a safe, populated area.

  This demonstrates personal defense as the individual was subjected to an unprovoked assault with a deadly weapon, creating an immediate and severe threat. Their actions to disarm the assailant and escape were a reasonable use of force to protect themselves from imminent bodily harm or death.

• Example 3: Workplace Confrontation

  During a heated argument in a workplace, one employee becomes extremely agitated and physically pushes another employee against a wall, raising a fist as if to strike. The employee being assaulted, fearing an imminent punch, uses their arms to block the aggressor's fist and shoves them backward, creating enough space to safely retreat and call for security.

  Here, personal defense is shown by the employee's actions. The aggressor's physical push and raised fist presented an immediate and credible threat of physical violence. Blocking the punch and creating distance with a shove were reasonable defensive measures taken to prevent an imminent assault and protect themselves from injury.