This is the final post in an eight-part series on the necessary components of a successful plea of “self-defense” in the case where a person has had to employ lethal force to protect himself or others* from harm. This “self-defense” type of legal defense normally comes up in cases when a person uses a weapon, particularly a firearm, to kill…
This series has covered the elements that constitute a legally justifiable act of self-defense. This topic is usually presented for cases in which a person uses a firearm to defend himself, but we have been applying it to hypothetical cases in which a person trained in martial arts used their “empty hand” techniques to inflict lethal force against an attacker.…
This is the 6th post in the series covering the legal elements required for a successful plea of self-defense. Today we will look at the fourth of the five elements, as described in Andrew F. Branca’s book “The Law of Self Defense.” We have already looked at Innocence, Imminence, and Proportionality. We have learned that a legally justifiable self-defense requires…
This is the fifth in our series on the legal aspects of “self-defense.” I use quotes to emphasize that we are considering how the law refers to the legal claim made by a defendant who is accused of (and admits to) using force against another person, but asserts that their use of force was justified. We are studying how uses…
This is the fourth in a series covering legal aspects of self-protection, or what is typically called “Self Defense Law.” We’ve covered the first two of five elements of a successful legal claim of “self-defense” from Andrew Branca’s book “The Law of Self Defense.” Those elements were Innocence and Imminence. Today we’ll take a break from that series to have…
This is the third in a series on the legal aspects of self-defense, tailored for the martial artist who is unarmed except for their hands, feet, and other natural weapons they possess. There will probably be seven posts in the series altogether. I am drawing primarily on the 3rd edition (2017) of Andrew Branca’s book titled The Law of Self…
This is the second post in the series on legal aspects of self-defense. We will cover the five elements of a physical encounter that must be demonstrated to the criminal justice system in order to make a successful claim of “self defense.” I am basing these on the highly informative book “The Law of Self Defense” by Andrew Branca, whose…
