When Is It An Imminent Threat?
Self Defense Denver CO is an allowable form of self defense to some criminal charges including killing. The use of force in defense is only justifiable if one reasonably believes it's necessary for ones own protection against the immediate employ of unlawful force by another. This reasonable cause to defend one's life, limb, or property is measured in the same manner as the reasonable cause a man has to reasonably defend himself against an assault. Where self-defense is employed is an area where the legal foundation of the case may well turn on what was perceived by the defendant as an unjustified use of physical force against him.
In legal terms, the definition of self-defense is the legal doctrine, "Anybody who may be attacked is allowed to make use of force to defend themselves". This is a broad concept encompassing many self-defense practices. Self-defense does not encompass the right to physically overpower another human being. However, many criminal laws under the legal doctrines of self-defense do require an element of danger of an immediate physical attack from the defendant. For instance, California law allows the use of deadly force against someone if they are in fact present and in the lawful presence of a peace officer.
In a lawful system of self defense, it's important to understand that you don't necessarily need to kill your opponent. Even if you were to draw a gun or employ deadly force in any way, your goal should always be to retreat. It goes without saying that the law doesn't require you to fight to the death. However, legally the use of deadly force can protect you from serious bodily injury or even death.
A good self-defense training program will train students to properly resist an attacker, but more importantly, how to escape from them. Proper training will include proper stance, as well as proper movements in a variety of environments. Proper stance refers to wearing protective clothing such as a helmet, gloves, or a belt. Proper movement is going to help you avoid being knocked off balance or having your arms, legs, or body to get hit.
The castle doctrine states that you have the right to stand your ground and defend yourself against an attacker no matter where you are in the world. This part of the law can be complicated. California, for example, has a castle doctrine law that protects "a home, dwelling, or other place of employment", but not a street. In California, you can be attacked while on a public street, but on private property, only if you are acting in an obvious and lawful way.
Another part of the law considers intent. What is meant by this element of the self-defense law? Merely making a threat is not enough to prove that you intended to harm your opponent. To be guilty of criminal intent, there must be actual knowledge that your act was unlawful. If you point a toy gun at someone and say, "I'm going to kill him," but do not actually kill him because you did not mean to, then you may not be guilty of criminal intent.
There are criminal charges that will apply to the force used against you. These include assault, battery, robbery, possession of a weapon during the commission of a felony, resisting arrest or lawful execution of a crime, and so on. If you use force against an individual who commits a crime against you, even if you are not present and are not engaging in criminal activity, those charges will still apply. Even if you are just defending yourself from a bad situation, if you are involved in an altercation and your opponent uses force against you, those charges will probably be filed against you as well.
A good self defense attorney can help to determine whether there is any impending danger that would make it necessary to have deadly force applied. The law does not require deadly force to defend yourself; however, it is considered an immediate and imminent threat. It is important for you to remember that the threat of bodily injury is different from having to actually experience the event. If you are in fear for your life or the life of someone else and the event you are in danger of encountering is not imminent, it may be difficult to convince a court that the use of deadly force was justifiable.
