Self Defense

Self-defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions, but the interpretation varies widely. To be acquitted of any kind of physical harm-related crime (such as assault and battery and homicide) using the self-defense justification, one must prove legal provocation, meaning that one must prove that he was in a position in which not using self-defense would most likely lead to death or serious injury. The threat of damage or loss of property alone is not enough.

The right of self-defense is the right for civilians acting on their own behalf to engage in violence for the sake of defending one's own life or the lives of others, including the use of deadly force. In most jurisdictions, defense of self or of others is an affirmative defense to criminal charges for an act of violence. It acts to provide complete justification. Justification does not make a criminal use of force lawful; if the use of force is justified, it cannot be criminal at all. The defense of justification affirmatively permits the use of force under certain circumstances. The defense does not operate to "excuse" a criminal act, nor does it negate a particular element of a crime. Rather, by recognizing the use of force to be privileged under certain circumstances, it renders such conduct entirely lawful. In this regard, the current statutory defense reflects the common-law "right" of an individual to repel a threat to life or limb. Defense deemed a natural, inalienable right at common law. (People v. McManus, 67 N.Y. 2d 541, 496 N.E. 2d 202, 505 N.Y.S 2d 43, 1986). The defense of justification would fail, for example, if a defendant killed a petty thief who did not commit robbery and who did not appear to be a physical threat. However, the owner or lawful possessor of the property has a privilege to use any degree of non-deadly force necessary to protect his possession or recover his property, regardless of the no physical threat to his person. The rules are the same when force is used to protect another from danger. Generally the defendant must have a reasonable belief that the third party is in a position where they would have the right of self-defense.