Can stabbing be self defense?

Question

I have a friend who carries a gerber pocket knife (even though I tell him not to) because there is a guy who is subtly threatening him.

If he is out somewhere and the guy attacks him and he uses that knife on the man attacking him, will courts consider that self defense?

It is to my understanding that self defense in some areas is defined with equal or lesser force than the threat... I may be way off but thats what I thought.

Answer 1

Unfortunately the laws on this issue vary from state to state. Also, the policy of the local District Attorney's Office has a great deal to do with how the District Attorney will respond.

The first step is to talk with an experienced, licensed criminal defense attorney in the jurisdiction where your friend is located. I recommend that the attorney also have experience as a former Deputy District Attorney in the jurisdiction where he is located, because the policy of the local District Attorney's Office also has a great deal to do with how they will respond.

It is very helpful to have experience in the District Attorney's office so the Attorney will have a good idea how the local District Attorney views this and how the District Attorney is likely to respond..

Have your friend ask the criminal defense attorney how he can protect himself without being accused of being the aggressor himself.

Next, if the Attorney recommends, have your friend file a criminal complaint against the individual who is threatening him with the local police. In many cases this will cause the individual to back off even if the police do not arrest him.

Another possibility would be a restraining order against this individual. Although restraining orders do not always protect a person, they do build up a paper trail so your friend is less likely to be seen as the aggressor if he must protect yourself against this individual.

Also, see if your friend can legally obtain something that is less likely to result in bodily injury if he does have to protect himself against this person.

For example some jurisdictions will permit your friend to carry chemical Mace if he takes a class and gets a permit to carry it. Chemical Mace is much less likely to result in bodily injury than a knife and in most cases will incapicate an attacker long enough that your friend will have the opportunity to run away without being harmed.

Some other jurisdictions may permit your friend to carry pepper spray like the postman does for dogs. Pepper spray works as well as chemical Mace, and it is much cheaper. Just ,make sure that the jurisdiction where your friend is located allows him to carry it and make sure he follows the regulations for carrying it to the letter.

Above all, I do not recommend, and in fact I strongly recommend against carrying any instrument which could result in bodily injury to another person, even if the jurisdiction where your friend is located allows it.

There are too many opprtunities for your frind to escape from this individual to risk being charged as the aggressor himself, especially if the criminal who is threatenig your friend winds up getting injured.


If your friend causes this individual any bodily injury, even though your friend is defending himself against an attack your friend is running a very high risk of being held criminally accountable as the aggressor, even though he is the victim.

I hope this helps. I wish your friend the best of success in avoiding this criminal who is threatening him

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Answer 2

Here is what you need to know:

First, your friend needs to understand that since he has made it apparent that he is carrying a weapon BECAUSE of the threatening behavior his actions COULD be interpreted as premeditated (meaning he planned to use it).

Second, self defense has a variety of definitions depend upon the jurisdiction. Don't be concerned with the definition since this subject is ALWAYS argumentative (I.E. difference in size, age, straight, etc.)

Third, your friend MUST be able to show that he made every attempt to prevent the occurrence of a situation so he should file for a restraining order. It doesn't matter if he gets it since the action shows he attempted to "do the right thing". Also he should avoid the individual at all costs, attempt to leave in confrontation, and make the local authorities aware of the situation.

Fourth, is the knife legal? You'd better find out since different jurisdictions have laws which apply to knives which can be carried. Such laws include size, shape, locking mechanisms, length, and even the materials used to make it. This is important because should your friend use the knife it better be legal or it will be like using an illegal gun.

Well there you have it. Make sure your friend does these things and he should be fine. Remember, caring a weapon (to include a knife) can be viewed as a premeditated act.

Answer 3

SO YOUR THE SAME KID who wrote 'HOW DO I DEFEND MYSELF', once again ask if you stab someone in the line of SELF DEFENSE. No this is obviously not self defense gesture, stabbing someone with a kitchen knife for example because he is bullying you is not an act of self defense but retaliation gesture and you may end up in jail or correction facilities since you are still young. Carrying a pocket knife is illegal in some States I presume. So instead of protecting yourself you ended up in some jail for carrying concealed weapon. IF A PERSON attack you it doesn't mean you have to bring out your knife and stab him what if you kill him that is not self defense. IN THE EYES OF THE LAW, it means you are not prudent or wise in your behavior, if it is a lion or a tiger yes you can definitely bring out the knife and stab the animal because tigers and lions really attack people in order to eat them. But I doubt the person who will attack you will EAT you alive, do they? There is a big difference between animals and people. Animals do not think like we do. YOU HAVE OTHER OPTION, you can reason out don't you? We are blessed with a mouth to open it and rational brain to think. So opening it and reasoning out with the guy is better than stabbing him with a knife. NO JUDGE will give you that reason of self defense if you stab the guy who attack you. There must be the element of imminent danger. If the guy has nothing in his hands only fist then stabbing him amount to assault. You could end up in jail. BEFORE YOU ACT YOU MUST USE YOUR COMMON SENSE TOO. That is why we have brains. YOU ALREADY TOLD us you are in some self defense routine so why not use it properly even if you are the weakest guy in town, you still can lick these guys if you know how without weapon, never seen the movie KARATE KID yet? It is a series from karate kid one to three, take the cue from there. And the movie KUNG FU, take the peebles from the hand if you do then it is time for you to leave......

Answer 4

Thats actually more complicated than self defense. Unless he is exhausting all other avenues first, such as calling the police, obtaining a restraining order....etc. This may be proven as premeditation to homicide. It would most likely go to the courts to decide.

Answer 5

I used to carry a knife with me every where. But if you stab someone, even if they attack first, it doesn't look right. The knife is considered a concealed weapon, and the fact that he has it on him will look bad. Your friend should not carry it with him, but be aware of his environment and environmental things he can use to defend himself (rocks, etc).

Answer 6

It sounds like self defense to me but it would be up to the court, the DA, maybe a judge and jury to decide. But even if he got sent away for doing it, he's better off alive and getting out of jail eventually than being in a grave and...not getting out!

Answer 7

If he's getting attacked it would be self defense.. just need to make sure he doesn't start the fight, else he's in trouble.

Answer 8

Only if it doesn't look like revenge. The fact that you already know that he is always carrying this knife, as if waiting to be jumped, that signals a revenge mode he is in.
I'm saying that this can be used against him.

Answer 9

if the guy makes the first move, then its self defense, if he makes the first move then its attempted murder

Answer 10

he will need witnesses to testify he was first attacked