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Element 1 - Actual belief regarding use of physical force by other person

The first element is that when the defendant used defensive force against , (he/she) actually -- that is, honestly and sincerely -- believed that the other person was using or about to use physical force against (him/her/). The word "using" has its ordinary meaning, that is, the other person has already begun to use force. The word "imminent" means that the person is about to use physical force at that time. It does not encompass the possibility that an act of physical force may take place at some unspecified future time.

If you have found that the force used by the defendant was deadly physical force, then you must find that the defendant actually believed that <insert name of other person> was not only using or about to use physical force upon (him/her/<insert name of third person>), but that the other person was either using or about to use deadly physical force against (him/her/<insert name of third person>), or inflicting or about to inflict great bodily harm upon (him/her/<insert name of third person>). "Great bodily harm" is not limited by the definition of serious physical injury and may encompass other acts such as sexual assault or the threat of sexual assault.4 The term "great" has its ordinary meaning and indicates a bodily harm that is substantially more than minor or inconsequential harm.

The act of <insert name of other person> leading to the defendant's use of defensive physical force need not be an actual threat or assault. The test is not what the other person actually intended, but what the other person's act caused the defendant to believe was the intention of the other. In other words, the danger to which the defendant was reacting need not have been actual or real. In judging the danger to (himself/herself/<insert name of third person>) the defendant is not required to act with infallible judgment. A person acting in (self-defense / the defense of others) is sometimes required to act instantly and without time to deliberate and investigate. Under such circumstances it is possible to perceive an actual threat when none in fact existed.

Element 2 - Reasonableness of that belief

The second element is that the defendant's actual belief about the force being used or about to be used against (him/her/) was a reasonable belief. This means that under the circumstances of the case, viewing those circumstances from the defendant's point of view, the defendant's actual belief that was using or about to use physical force or deadly physical force against (him/her/) was reasonable because a reasonable person in the defendant's situation at the time of (his/her) actions, viewing the circumstances from the defendant's point of view, would have shared that belief.

Element 3 - Actual belief regarding degree of force necessary

The third element is that when the defendant used physical force upon for the purpose of defending (himself/herself/), (he/she) actually -- that is, honestly and sincerely -- believed that the degree of force (he/she) used was necessary for that purpose. This applies whether you have found that the defendant used deadly physical force or not. The question is whether the defendant believed that it was necessary to use the degree of force that (he/she) used to defend (himself/herself/) from the attack.

Element 4 - Reasonableness of that belief

The fourth element is that the defendant's actual belief about the degree of force necessary to defend (himself/herself)/ was a reasonable belief. This means that under the circumstances of the case, viewing those circumstances from the defendant's point of view, the defendant's actual belief that the degree of force used was necessary to defend (himself/ herself/ ) was reasonable because a reasonable person in the defendant's circumstances at the time of (his/her) actions, viewing those circumstances from the defendant's point of view, would have shared that belief.

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14y ago

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More answers

The objective of fighting for self-defense is to cause as much damage in as few moves as possible. This is because a self-defense fight, or "street fight" is usually very short. Many street fights do not last longer than 10 seconds. For this reason, there are a few basic laws to fighting that you should obey at all times.

To Prevent a Fight in the first place

  • Never walk alone, especially if you are a young woman. Travel in groups, especially at night.
  • What we were all taught in 1st grade: Don't take rides from strangers. Actually, don't even be alone with a stranger.
  • Pay close attention to your surroundings at all times.
  • Never have someone order a drink for you or leave a drink unattended. It is too easy to slip substances into beverages.

If you have to participate in a fight

  • Don't stand in one spot. Too many people get in a guard and try to defend one spot of turf. If you get into a fight, move around a lot.
  • Don't get cornered.
  • Speed = Power, not muscle. You are better off hitting faster than trying to put more force behind your punches/kicks/whatever you do.

I realize this answer is only good for hand-to-hand combat. Covering self-defense for firearms and knives would take up too much space.

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12y ago
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