Also known as: first-aggressor · first aggressors · initial aggressor · first aggressor rule
Written by attorneys · grounded in primary & secondary sources — see below
An initiator of unlawful force in a confrontation. The designation identifies the person whose aggressive conduct begins a violent encounter and thereby may forfeit self-defense privileges such as the no-retreat rule or open the door to rebuttal character evidence.
Francisco Frost is charged with murdering Forrest Falconer after a bar fight. Frost claims self-defense and introduces testimony that Falconer threw the first punch. The prosecutor then calls witnesses who testify that Falconer had a reputation for being peaceful and nonviolent. The evidence is admitted to rebut the assertion that Falconer was the first aggressor.
Finn Fletcher and Fabian Flynn argue inside the shared warehouse where both work. Flynn shoves Fletcher first. Fletcher responds by striking Flynn with a tool. Because Fletcher had earlier mocked Flynn and blocked his path in an effort to provoke a fight, the court finds Fletcher was the initial aggressor and therefore had a duty to retreat from the workplace before using force.
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Once the defendant introduces any evidence that the victim initiated the violence, the prosecutor may offer evidence of the victim's trait of peacefulness to rebut that claim even if the defendant never introduced character evidence about the victim.
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Yes. Under the governing rule an actor loses the right to stand ground at his place of work if he was the initial aggressor, even though the workplace exception would otherwise apply.
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Purposeful provocation of force in the same encounter with the intent to cause serious harm qualifies a defendant as the initial aggressor and bars the justification defense.
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Mere words or a verbal dispute do not make a person the initial aggressor. Only the first use of unlawful physical force or purposeful provocation intended to produce a violent response triggers the disqualification.
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