There is no solid answer to this question. Too many variables exist. If you are a 5'2" skinny male with a legal authority to carry a weapon and a 6'6" hulk wants to hurt you bad and you are in fear for your life, then yes. If it is an equal contest then I'd say no, get it? Each case is independent of others, no hard set rule can be applied. Back in the 80's Bernie Geotz shot 4 B/M's who he believed was going to do him harm on a NYC subway with no avenue for escape....He was convicted. Another case where a monster of a man tossed a toilet he just ripped off the floor through a steel door and went to attack a man of similar size who witnessed it. He stabbed him, the man died, he was no billed - meaning not charged.
A lot of it depends on the situation and in today's climate, races of the involved parties. My personal belief is that it is better to be tried by 12 than carried by 6......
2007-03-05 02:00:48
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answer #1
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answered by dude0795 4
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Absolutely. You are allowed to use reasonable force, up to and including death to defend yourself as long as the force is not excessive. If someone is attacking you, including kicking, and you think he is trying to kill you, by all means, defend yourself. But on the other hand, if someone is challenging you to fight, and you shoot them and kill them, that is excessive force. If you really think you are going to have problems with someone, why not carrry pepper spray or a taser, like the ones the police carry. I would much rather spray someone or give them a little blast of the taser than shoot them and kill them, unless absolutely necessary
2007-03-05 05:21:44
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answer #2
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answered by e837 2
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Everyone has the right to save his/her life and properties within the legal means and preventing any illegal attack on his/her life and properties by any available means.
It is not the point whether an attacker is armed or not. If the attacker poses to kill or severely injure you, you have every right to prevent him/her by any means and even to kill him/her if you can justify to the court with evidences that you have had no way to save your life except killing the attacker and you killed the attacker just to save your life, not for any other reason.
2007-03-05 04:56:43
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answer #3
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answered by The Falcon 2
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You are not allowed to use more force than necassary to stop the attack and in some states you can't even use that much. But As I've always maintained its better to be judged by 12 than carried by 6.
2007-03-05 04:51:27
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answer #4
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answered by quartevans 1
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If you have a weapon carried for protection and you can prove unprovoked attack you just might stand a chance of winning in court .
2007-03-05 04:46:31
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answer #5
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answered by burning brightly 7
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Where i live there is a law that if someone is being agresive and you feel threatened you can use deadly force.
2007-03-05 05:00:18
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answer #6
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answered by Anonymous
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In self defense, you are to use only that amount of force levied against you. If you beat the guy to a pulp, then you are liable.
2007-03-05 07:01:07
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answer #7
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answered by WC 7
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only if it is reasonable to believe that you would die unless you didn't. you have to use 'reasonable' force, and nothing more. if for example you find a rock, or have a gun or knife, you have to try to incapacitate them so you are out of danger. try not to kill anyone and you won't have to worry about it, the self defence line can be a wobbly one.
2007-03-05 04:48:49
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answer #8
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answered by Anonymous
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If you are attacked, you can use the force necessary to stop the attack. Once you become the aggressor, you can and will be charged with assault.
2007-03-05 08:20:22
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answer #9
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answered by tallerfella 7
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NO
You can use the MINIMUM force necessary to defend yourself.
Killing someone is very rarely the MINIMUM so you would almost certainly be charged with manslaughter.
2007-03-05 04:46:19
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answer #10
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answered by Anonymous
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