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Old August 14, 2010, 12:11 AM   #24
44 AMP
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Join Date: March 11, 2006
Location: Upper US
Posts: 28,677
Quote:
Is shooting someone who is trying to beat you up self defense?
Yes.

However, the devil is in the details. Generally, the concept of disparity of force will be used to judge basic justification. And it is that judgement that (generally) determines if legal proceedings will be brought.

A couple of 20-30 year old males, both in fair general health, is a situation that makes determination highly dependant on the specifcs of the conflict.

A 20yr old 200lb male vs a 70 yr old 120lb female? Whole different standard will be applied.

Here is one example, a middle aged CCW holder, sitting in an open air cafe, having coffee was attacked by and "indigent" male (don't recall the age, but not a youth), and despite verbal warning, began pummelling the CCW holder. Knocked down, on the ground, with the attacker atop him, the CCW holder drew and fired, ending the attack. Ultimately, no charges were filed against the CCW holder.

Is shooting someone who is trying to beat you up self defense? Sure. Is it justified? Probably, depending on the specific situation. Remember though, you may believe it is justified, ans still be found to be legally in the wrong!
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