Self Defense Englewood CO
Are You Being Utilized Properly in a Self-Defense Situation?
Self Defense Englewood CO is a countermeasure which involves defending oneself against the attack of another without the resorting to violence. The use of this right of self-defence as a legal justification for an individual's use of force in potentially dangerous circumstances is widespread in most jurisdictions across the country. However, there are a number of differing opinions on just how far this right extends. Commonly, people who may be accused of assault are advised not to fight back physically, but to engage in what is known as "force-free" self defence.
This is essentially a defensive technique that relies on staying mentally and physically focused through the application of physical means. While it may sound simple in theory, defending yourself against criminal charges of assault requires much more than mere good positioning or fast reflexes. It requires being able to assess the level of danger, which may involve a detailed assessment of surroundings and potential attack locations. It also requires a thorough understanding of your legal rights and the likelihood of criminal charges being brought against you. Ultimately, being prepared and exercising your self defense rights will ensure that you do not become a statistic.
Some would argue that while a criminal does not need to have malicious intent to commit crimes of violence, it is still necessary to deter such behavior by using whatever force is necessary to stop the attack. With that said, the notion that "good positioning" alone is insufficient to prevent a bad guy from causing bodily harm to you does not hold water. While aiming to injure someone in order to bring about "good positioning" is certainly preferable to not injuring anybody, in many cases it is not enough to prevent harm to you. Thus, a robust self defense strategy must include a multifaceted approach which takes into consideration the nature of the crime scene, the potential victim and the criminal's propensity to use deadly force.
The "good positioning" rule refers to a claim of self-defense where the actus of bodily harm is imminent but not impending in time. The term comes from the idea that as soon as an individual becomes a threat to the individual must be stopped in order to allow law enforcement to take remedial action. In other words, there is no point in arguing that you were only seconds away from being hit with a broken bottle when the guy in front of you was just seconds away from pulling a gun out and pointing it at you! Thus, claiming self-defense when there is no real physical danger makes little sense at all. It is not really possible to predict with 100 percent certainty that an individual will, in fact, inflict bodily harm when the threat is only a mere threat.
Another reason that a claim of self-defense needs to take into account the danger element is that criminal charges will often follow an assault or battery charge. This means that even if you are just mildly provoked in any way, it is possible that you could be accused of assault or battery. Even if you have a very limited self-defense training background, it is possible that you could be accused of using excessive force or of lying during your police interview. Even a bit of perceived "lying" can lead to a criminal record that lasts for a lifetime.
Another part of self-defense that can be used to prevent criminal charges from being filed against you is the "castle doctrine." The "castle doctrine" is a phrase which refers to the idea that one has a right to use physical force within a specific distance from their home or castle. In short, a person defending themselves from a dangerous attacker has the right to use reasonable force against an assailant so as to defend themselves from further attacks. California's law allowing an individual to use deadly force against an attacker to defend themselves can be used in place of a "Castle Doctrine."
The "Castle Doctrine" states that you have the right to protect themself by lethal force if you are attacked. California's law regarding self defense is one which considers attacking a person a violent crime that warrants the use of deadly force. In order to be able to legally defend himself during an attack, you must be within arms reach of your attacker and not be likely to be hit or stabbed yourself.
Although California law allows its citizens the freedom to protect themselves with the help of deadly force, they must do so in a reasonable manner. The law states that when an individual is faced with a potentially deadly situation, even if they reasonably believe that they are being attacked, they cannot engage in an act of deadly force unless they are actually being attacked. To learn more about avoiding a wrongful death case with self-defense or other legal issues, contact a criminal defense attorney who can help you better understand California's laws regarding self defense.