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Hitting or killing someone is against the law, always, regardless of the situation. In some cases it is 'excused' by the concept of self-defense. Self defense is not a right. In certain situations it may be permissible by law.

The standard used is would a reasonable person have felt threatened in that situation. Even the location and environment can be used by a jury to determine what is reasonable.

There are no "hard true" facts about allowing self defense. If you face a legitimate threat then you can defend yourself. There are many legal variables which may preclude your right to defend yourself. The "right to defend yourself" does not mean you can beat the snot out of anyone who makes a threatening gesture or "hits you first". Claims to self defense are only viable when the self defense is in proportion with the "perceived threat".

There is legally no distinction between a man or a woman. The sex of the involved parties does not affect the legality of "self defense". What does affect self defense claims is somewhat common sense; is this person armed, is this person bigger than I am, is my life or well-being threatened by this person's actions?

However, if you can prove you felt your life or the life of someone else was in imminent danger, at least in my state, you are allowed to use deadly force, even if that force is greater than what the other person used. So, if a man attacks me with a knife, if I have a gun, I can shoot him. If a woman rushes at me with a knife and tries to stab me, I would be within my rights to use Kung Fu to help her continue on her path even if she fell on said knife. If someone tries to rob me and says they have a weapon, I am allowed to use whatever means necessary to eliminate the threat.

There are many things which would deny someone the excuse of self defense; aggravating or harassing the subject, implications of threat, being a known gang member, certain types of clothing, trespassing, loitering, stalking, denial of constitutional freedoms, violation of a public order, having illegal drugs in your possession or being under the influence of drugs or alcohol.

It's more complicated a subject than "knife vs. gun". Laws prohibit certain activities, hence, it is easier to explain to someone what self defense "is not" than explain every possible permissible situation that could arise.

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15y ago

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