Legal Definitions - Self-defense

Self-defense refers to the legal right to use a reasonable amount of force to protect oneself or others from an immediate threat of harm or injury.

For an act of self-defense to be legally justified, the force used must generally be proportionate to the threat faced, and there must be a genuine belief that harm is imminent. If these conditions are met, actions that would otherwise be considered crimes (like assault or battery) or civil wrongs (torts) may be excused under the law.

Here are some examples illustrating self-defense:

• Example 1: Home Invasion

  Imagine a homeowner who wakes up in the middle of the night to find an unknown intruder in their living room, holding a flashlight and attempting to steal valuables. Fearing for their safety and the safety of their family, the homeowner confronts the intruder and uses physical force to restrain them until law enforcement arrives.

  This illustrates self-defense because the homeowner used force to protect themselves and their property from an immediate threat posed by the intruder. The actions taken were a direct response to prevent harm and theft.

• Example 2: Unprovoked Street Attack

  Consider a person walking down a public street who is suddenly and without warning shoved to the ground by an aggressive stranger. As the stranger attempts to kick them, the person on the ground quickly pushes the assailant away and gets up, using a defensive maneuver to create distance and escape further harm.

  This demonstrates self-defense as the individual employed force to prevent further injury and protect themselves from an unprovoked physical assault. Their actions were a necessary and immediate response to an attempted injury.

• Example 3: Workplace Confrontation

  Suppose two colleagues are having a heated argument in an office. One colleague, becoming enraged, picks up a heavy paperweight and lunges towards the other, clearly intending to strike them. The threatened colleague quickly raises their arm to block the blow and pushes the aggressor back to disarm them and create a safe distance.

  This situation exemplifies self-defense because the employee used physical intervention to protect themselves from an immediate and credible threat of physical harm from their colleague. The force was used solely to prevent an attempted injury.