Aguila Blanca
Staff
You don't get to wave a magic wand and make your victim into an aggressor. YOU attacked him -- he is defending himself.Metal god said:Yes but really no and I think this is where all the confusion is in this debate . It's not that "I the instigator" now get to kill anyone . It's do I have a right not to die and prevent that with any means I have available ? I think the proper word would be to incapacitate the now aggressor . Nobody is looking to "kill" only to survive . How about this , as long as he doesn't die and just ends up with great bodily injury is it ok if I live lol ?But you want to turn it around so that if I -- the victim of the initial assault -- choose to defend myself with martial arts rather than simply shoot you, if I [the victim] am prevailing in the physical combat that YOU initiated, you should have a legal right to shoot and kill me and walk away Scott free?
The degree of force is supposed to be proportionate to the threat. Remember, YOU initiated the assault. The other guy is engaging in self-defense. The amount of force he can use should be proportionate to the degree of threat you still pose. If you are conscious and still fighting, he is (IMHO) justified in continuing to pound on you. Once you are unconscious and no longer a threat, he should end his defense.
If he continues to pound on you after you can no longer respond, then he may be guilty of use of unreasonable force. If you die, he may be guilty of manslaughter. But you started the incident by attacking him. The fact that you chose your victim poorly doesn't give you a free pass to shoot him.
The best way to avoid getting pounded (or shot) is to not walk up to people and punch them in the face.
I'm a senior citizen. I have a surgically-repaired heart, an artificial hip, two bad knees and a variety of other medical conditions. Any physical attack on my person has a very real possibility of causing me severe physical injury or (more likely) killing me outright. Since I know that, any physical attack on my person would automatically put me in fear of imminent death or serious bodily injury. And that is all the justification I need to just shoot you if you punch me in the face. I don't have to fight you "man-to-man." I didn't ask to be punched. It's not mutual combat. You assaulted me, you put me in fear of death or serious bodily harm. That makes me legally justified to use lethal force to defend myself.