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Old April 12, 2012, 03:30 PM   #9
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,704
Quote:
Originally Posted by Buzzcook
Quote:
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
So if I initiate a conflict and then decide I made a mistake, I can then shoot the person I attacked if they don't back off as well?
Read again the part of the statute you quoted. You've paraphrased it inaccurately. It just doesn't say what you suggest.
  1. To reacquire a right to use force in self defense,

    • An instigator must (1) withdraw from physical contact; and (2) clearly indicate his desire to withdraw and terminate the use of force.

    • The assailant must continue or resume his use of force.

  2. It's probably going to be up to a jury to decide, based on the totality of the evidence, if the instigator really did withdraw from physical contact and really was clear enough that he was terminating the use of force. A jury might very well take some serious convincing to buy those claims.

  3. In any case, to respond to the assailant with deadly force, the usual rules continue to apply and the assailants attack must be reasonably capable of causing death or grave bodily injury.
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