Are You Prepared to Act in Self-Defense?  

Everything You Need to Know From an Attorney’s Perspective.

By: Emma K. Wittmann, Esq. 

As women and members of today’s society, we know that life can be unpredictable and there may come a time when we need to protect ourselves.  Not only should we be prepared in our training with our defense weapon of choice but also be equipped with knowledge of self-defense laws.  In this article, I break down the three most common questions regarding self-defense that I get asked as an attorney:  

1. What is self-defense and when can I use it?  

2. Is a firearm the only weapon that qualifies for self-defense?  

3. What will happen to me if I use self-defense?  

I hope in answering each of these questions, you will gain a better understanding of the law and criminal process in case you ever find yourself in a self-defense incident.   

Attorneys On Retainer

Whether you are inside your home or out in public, you never know what may be awaiting you each day.  While you hope to go about your day as safely as possible, you cannot control outside factors that may place you in a dangerous situation.  That is why it is so important to be aware of your surroundings and be prepared to defend yourself.  Every day, threats place individuals or their loved ones in danger.  I want you to be as confident as possible to act in self-defense to protect yourself or your loved ones.   

Having represented hundreds of clients over the years and working for a firm that has a self-defense-specific program, Attorneys On Retainer, I am frequently asked the same three questions related to self-defense.  Keep in mind that while all states have similar self-defense laws, it is important to familiarize yourself with your specific state’s laws.  Let’s dive in and discuss what self-defense is, what weapons you can use, and what happens if you get charged with a crime where you have to assert self-defense.   

What is Self-Defense and When Can I Use It? 

Self-defense is generally defined as a justified threatening or use of physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect one’s self against another’s use or attempted use of unlawful physical force. Self-defense is not justified in response to a verbal provocation alone or if you are the initial aggressor.   

That’s a lot of legal jargon, so let’s break it down! You are justified in using self-defense when another person is:  

  1. Threatening or using force against you; 
  2. Your use of force is immediately necessary to protect yourself and stop the threat; and 
  3. A reasonable person, not just you, would find the use of force is immediately necessary. 

Keep in mind, that “immediate” means right in that moment.  It does not apply to a future threat of harm.  Additionally, when determining if someone acted reasonably, the circumstances are considered from the perspective of an objective, reasonable person in the same circumstances, not just your subjective view.  

Remember, there are situations where you cannot claim self-defense:  

  1. In response to a verbal provocation alone 
  2. If you are the initial aggressor 
  3. If you are responding to a future threat, not an immediate one 

Is a Firearm the Only Weapon that Qualifies for Self-Defense? 

No! Again, make sure to check your state’s laws, but most states allow for a broad range of weapons that can be used in self-defense.  This could range from ordinary objects such as a coffee cup or fists to something more serious or lethal such as pepper spray, a knife, or a firearm (these are just a few examples and not an exhaustive list).  

Proportionality is key when analyzing a self-defense incident.  This means your response to the threat needs to be proportional to the amount of force the aggressor is using against you.  The use of force should be enough to stop the threat and nothing more.  For example, if you are not facing a threat of serious physical injury or death, you should not use deadly physical force.  Ordinary physical force may be more appropriate. 

Some states require individuals in public to retreat if they can do so in complete safety, before meeting the threat with force, ensure you are familiar with your state’s laws. 

What Will Happen to Me if I Use Self-Defense? 

Deciding to act in self-defense, especially if you are using a firearm, is a big decision to make because of the potentially life-threatening nature and legal repercussions.  

Following a self-defense incident, the police will likely conduct an investigation, and you may be arrested and charged with a serious felony.  Keep in mind that self-defense is just that – a defense – to a crime.  Officers may be able to discern that your use of force was a clear act of self-defense and decide not to move forward with an arrest.  However, more often than not, officers will make an arrest and the prosecutor’s office will bring formal charges.   

I would always recommend having an attorney’s phone number saved in your phone in case you need to seek advice immediately following a self-defense incident.  Your attorney will likely not want you to make any statements to the officer and can speak to the officer on your behalf.  This is because any statements you make, or any details that you leave out during your statement, can be used against you and could cause more harm than good in a criminal case.   

If you are arrested, you will go through the process of being booked into jail and will have an Initial Appearance in front of a judge who will inform you of the charges against you and determine if you will be eligible for release and what your release conditions will be.  If you have an attorney, they will be able to argue for your release.  Depending on the situation, you could be facing charges of aggravated assault or homicide.  

The criminal process can be stressful, confusing, and overwhelming.  Felony cases can take months if not years to reach a conclusion.  Knowing what to expect from the justice system and having an attorney to guide, advise, and defend you will help to alleviate some of this inevitable stress.  

Equipping Yourself for Self-Defense and Legal Preparedness  

While I hope none of the WGOAA community finds themselves in a situation where they need to act in self-defense, my goal is to better equip you with knowledge on best practices for self-defense and how to handle the legal aftermath.  Just like training with your firearm or weapon of choice is important for perfecting your skills, equipping yourself with knowledge of the law and criminal process is equally as valuable.   

I would encourage everyone to read up on their state laws and consider saving an attorney’s contact information in your phone in case of emergency.  If you are interested in learning more about our firm, Attorneys For Freedom, and our national self-defense program, Attorneys On Retainer, I will include the link to our website below.  Stay safe out there.  Until next time, Emma Wittmann. Esq.  

Websites

Attorneys For Freedom

Attorneys On Retainer

YouTube: https://www.youtube.com/@AttorneysOnRetainer  

Amara Barnes

Amara Barnes is the founder and CEO of Women Gun Owners Association of America (WGOAA). Her passion for helping other women learn the skills, abilities, and gain the confidence they need to handle, carry, and shoot any type of firearm is what inspires her everyday.

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