View Single Post
Old June 3, 2016, 01:47 PM   #108
OldMarksman
Staff
 
Join Date: June 8, 2008
Posts: 4,022
Quote:
... I am having a hard time figuring out when one would deploy force (either a strike or pepper spray) prior to the other person actually striking or attempting to strike you.
First, I hope you understand that you may not lawfully strike someone in retribution for his having struck you. Your only lawful justification for using force is the necessary and (that means last resort) defense against an imminent threat of the unlawful use of force against you.

It is not necessary for you to know with absolute certainty that he would strike you but for your defensive action. What is necessary is a basis for reasonable belief that you will be attacked after having done everything possible to dussuade him or prevent him from doing so.

And you most certainly do not want of get into a situation in which it appears to eyewitnesses that you willingly engaged in a fight. That would destroy your justification for using force at all. Personally, I think that willingly accepting a first blow could cause difficulty on that point.
OldMarksman is offline  
 
Page generated in 0.02349 seconds with 8 queries