Self-defense is legally allowed in all 50 states, and typically defined as the right to use necessary and proportionate force to stop an attack against yourself or your property. It seems straightforward, and most self-defense laws follow basic common sense, but there is some fine print. It’s good to know the nuances of the law, especially if you own weapons, carry defense sprays, or are a trained martial arts practitioner.
Basic facts about self-defense laws
Regardless of how you defend yourself from a bad guy, there are a few basics to remember:
- You may not use self-defense unless you truly believe you are in imminent danger. Someone who tells you, “I’m going to punch you if you don’t shut up” is not attacking you, and if you punch him first, you could be charged with assault. Once the guy actually cocks his fist and goes for you, then you can defend yourself.
- You may only use enough force as is necessary to stop the attack, and no more. If you overdo it, your attacker can actually legally defend himself from you, and you could end up on the wrong side in court.
- The right of self-defense extends to your home. You must request that the person desist or leave first, unless you’re in imminent danger. Also, self-defense of property does not apply to someone who has a legal right to be on the property like, say, your landlord. You do, however, have much more leeway to defend your actual dwelling than other property.
Martial arts
Martial arts have been popular for thousands of years in Asia, and are among the most commonly practiced fitness categories in the U.S., with dojos in nearly every town in America. This means that lots of Americans now know techniques for fighting and self-defense. Knowing how to subdue a would-be mugger or rapist with your bare hands is reassuring, but it’s important to understand that using your training on the street for anything outside of straightforward defense against an attack could leave you charged with assault and battery.
In fact, some states require that you escape if at all possible or at least retreat “to the wall” before using your skills against someone else. Even in states that don’t have that requirement, never use more force than necessary to subdue and/or restrain an attacker.
Pepper spray and mace
Pepper spray and mace canisters are often carried by women as defense against a possible attack, especially since women are generally physically smaller than men and less likely to be able to fight off an attacker. Laws vary by state in terms of being able to use pepper spray, mace, or tear gas against a person, although all states allow the sale of pepper spray for use against dogs and bears. Even in states that restrict pepper spray sales, though, you can buy it through firearms retailers.
Misuse of defense sprays can have serious consequences. In California, for example, you can be charged with a felony, with $1,000 fine or up to 3 years in prison, if you use defensive tear gas in anger, as a joke, or are prohibited to have it because of prior conviction or being a minor. This means it’s risky to carry defense spray unless you really have the self-control to use it only when your safety is threatened. Most of the time, though, if your safety, life, or dwelling is at risk, defense spray is allowable.
Deadly weapons
The law is very clear in that, if you are being attacked with deadly force, you can defend yourself with deadly force. However, if someone is mugging you without the use of deadly force (say, by demanding your money with a threatening attitude) and you shoot him, you very well may go to prison for murder or attempted murder. In fact, once you pull a gun, your mugger could then legally defend himself against you with deadly force and call it self-defense on his side.
In the case of defending your home, however, the use of deadly force could be deemed legal, if you can prove you felt the trespasser was going to commit a felony or that you or your family was in danger of being hurt or killed. Other loss of property, such as a backpack or car, are not considered justification for the use of deadly force.
