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9 answers

No. Why should it be? If a person was able to leave at anytime, then if they were afraid for their life, then they probably could have also called the police and filed a restraining order. People have to start speaking up for themselves. I'm so tired of the poor me defense. I understand that some people are controlled by others, but this person was able to leave. The prosecution will tear them up on the stand.

2007-06-12 05:47:40 · answer #1 · answered by ? 5 · 0 0

Self-defense is only usable and justifiable as a last resort. You are only allowed to engage your opponent until you are able to get away, your opponent attempts to leave, or your opponent is no longer able to fight (i.e. exausted, injury, etc.) Lethal force is only legal in which your life is threatened, not just your safety.

2007-06-11 14:51:09 · answer #2 · answered by blackdrgn121sn 1 · 0 0

This law has recently been changed in my state. It was, at one time, that you were required to "exhaust your avenues of retreat". But the law now is that you are not required to do this if you are in a place that you have a legal right to be at.

2007-06-04 21:53:23 · answer #3 · answered by LawDawg 5 · 0 0

It depends on the jurisdiction that you were in. In the majority of jurisdictions you must retreat if you are not in your home. However, that is changing! Check within your own jurisdiction.

2007-06-04 21:38:50 · answer #4 · answered by cyanne2ak 7 · 2 0

Then it was/is obviously not self defense if you were/are able to leave.

2007-06-04 21:26:19 · answer #5 · answered by Bob D 6 · 3 1

Generally speaking, no, BUT.... if it happened in your own home, many states recognize that there is no "duty to retreat" from your own home.

2007-06-04 21:29:03 · answer #6 · answered by open4one 7 · 3 0

Generally, no. If you can retreat, you must retreat rather than use deadly force.

2007-06-10 19:35:18 · answer #7 · answered by raichasays 7 · 0 0

don't do it...you'll never get away with it!

2007-06-12 16:24:42 · answer #8 · answered by ((♫♥♪♫♥♪♫ Shivers ♫♥♪♫♥♪)) 5 · 0 0

no.

2007-06-12 13:26:00 · answer #9 · answered by doscooter66 3 · 0 0

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