[Frank Ettin]

Originally Posted by FLanighan

...If you were in this situation what would you have done, assuming you WERE legally carrying? I know since I was able to get away my life was not in immediate danger but let's say I was cornered/couldn't run fast enough.

Way too wide open. What to do, and what one can lawfully do, depends on exactly what is happening and how it is happening. Avoidance and escape are always the best ideas when possible. The use of force, especially lethal force, should always be a last resort.

Now let's look at the basic legal reality of the use of force in self defense.

1. Our society takes a dim view of the threat or use of force and/or intentionally hurting or killing another human. In every State the threat or use of force and/or intentionally hurting or killing another human is prima facie (on its face) a crime of one sort or another.
   
   
   1. However, for hundreds of years our law has recognized that there are some circumstances in which such an intentional act of violence against another human might be legally justified.
      
      
   2. Exactly what would be necessary to establish that violence against someone else was justified will depend on (1) the applicable law where the event takes place; and (2) exactly what happened and how it happened, which will have to be judged on the basis of evidence gathered after the fact.
      
      
   3. Someone who initiated a conflict will almost never be able to legally justify an act of violence against another.
      
      
   4. If you threaten physical harm to another person, if you use force against another person, if you intentionally hurt another person, if you intentionally kill another person, you will have performed an act that is a crime of one sort or another.
      
      
      1. You may try to avoid criminal liability by claiming that your act was legally justified.
         
         
      2. If you claim justification, you will be admitting the elements of the crime, i. e., that you intentionally performed the act.
         
         
      3. You will then have to establish your justification and be able to articulate why you did what you did, and why a reasonable person would have determined the otherwise criminal act of vilence against another human was justified.
   
   
2. The amount of force an actor my justifiably use in self defense will depend on the level of the threat.
   
   
   1. Under the laws of most States, lethal force may be justified when a reasonable person in like circumstance would conclude that a use of lethal force is necessary to prevent the otherwise unavoidable, imminent death or grave bodily injury to an innocent. And to establish that, the actor claiming justified use of lethal force would need to show that the person against whom the lethal force was used reasonably had --
      
      
      1. Ability, i. e., the power to deliver force sufficient to cause death or grave bodily harm;
         
         
      2. Opportunity, i. e., the assailant was capable of immediately deploying such force; and
         
         
      3. put an innocent in Jeopardy, i. e., the assailant was acting in such a manner that a reasonable and prudent person would conclude that he had the intent to kill or cripple.
      
      
   2. "Ability" doesn't necessarily require a weapon. Disparity of force, e. g., a large, young, strong person attacking a small, old, frail person, or force of numbers, could show "Ability."
      
      
   3. "Opportunity" could be established by showing proximity, lack of barriers or the like.
      
      
   4. "Jeopardy" (intent) could be inferred from overt acts (e. g., violent approach) and/or statements of intent.
      
      
   5. And unless the standard justifying the use of lethal force is met, use of some lesser level of violence might be legally justified to prevent a harmful or offensive, unconsented to contact by another person.
   
   
3. If you have thus used violence against another person, your actions will be investigated as a crime, because on the surface that's what it is.
   
   
   1. Sometimes there will be sufficient evidence concerning what happened and how it happened readily apparent to the police for the police and/or prosecutor to quickly conclude that your actions were justified. If that's the case, you will be quickly exonerated of criminal responsibility, although in many States you might have to still deal with a civil suit.
      
      
   2. If the evidence is not clear, you may well be arrested and perhaps even charged with a criminal offense. If that happens you will need to affirmatively assert that you were defending yourself and put forth evidence that you at least prima facie satisfied the applicable standard justifying your act of violence.
   
   
4. Good, general overviews of the topic can be found at UseofForce.us and in this booklet by Marty Hayes at the Armed Citizens' Legal Defense Network.