Deadly Force Lawyers
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Deadly Force Lawyers
A personal injury lawsuit allows a plaintiff to sue for intentional harm, defamation, and negligence. In intentional harm claims involving battery or assault, a defendant can claim self-defense. While engaging in self-defense, a person may use deadly force when appropriate.
What Is Self-Defense?
Self-defense is the legal use of physical force to protect oneself from bodily harm. It is a justification defense that requires a defendant to use a reasonable amount of physical force against a plaintiff. The amount of force must be equal to the amount of force the plaintiff used.
What Is Deadly Force?
Deadly force is any physical force capable of causing someone serious bodily harm or death.
When Can I Use Deadly Force?
Typically, deadly force can be used to defend oneself from serious bodily injury or death. It can also be used as a defense:
- To protect a third party from serious bodily harm or death
- Preventing a crime from occurring
- By law enforcement
Courts often determine if deadly force was justified by:
- Looking at the amount force used
- Determining if the amount of force reasonable
- Determining whether the plaintiff used deadly force first
- Comparing the plaintiff’s height, age, and weight to the defendant’s weight, height, and age
Analyzing whether a deadly weapon was used by the plaintiff or defendant
The amount of deadly force used must match the plaintiff’s use of deadly force. In other words, a defendant only has the right to use deadly force when the plaintiff uses it against them first.
Can I Use Deadly Force to Defend My Property?
It depends on state law. Generally, defendant can only use deadly force when protecting their home against an intruder who is threatening to use deadly force. An example of this is when the plaintiff breaks into the defendant's home and points a gun at defendant. In this instance, a defendant can use deadly force because the plaintiff is threatening to use a gun to harm them.
Do I Need a Lawyer for Help with a Deadly Force Defense?
Talk to a personal injury lawyer about whether you can use the deadly force defense in your personal injury case.
Consult a Lawyer - Present Your Case Now!
Last Modified: 07-17-2015 07:01 PM PDT
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