If you have done everything in your power to leave the situation and end up using deadly force does that have any weight if your attacker is of similar size as you?
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Without knowing what state the incident occurred in, we can't look up the governing state law. Without knowing exactly what the state law says, we are engaging in idle speculation.
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The incident that sparked my conversation happened in Vancouver Washington where a home owner confronted a prowler outside his home. The homeowner claims the prowler lunged at him and fired in self defense... the prowler was unarmed and died and the homeowner was arrested and charged with murder. There is not much information in the news articles about this case, however its the situation that led to the conversation and question.... so your physically confronted by an unarmed person and you have to decide how to protect yourself and keep your firearm retained.
A lot of good comments here about disparity of force, it seems that if disparity is not obvious then neither is deadly force justified. Considering the emphasis on this grey area of a minor disparity its my thought to make a physical effort to elude and evade any confrontation that puts you in jeopardy of physical harm but not life or limb. I should consider working that into my training including retention.
http://www.oregonlive.com/portland/i...vancouver.html