Also known as: self-defence · self-defense
Written by attorneys · grounded in primary & secondary sources — see below
An affirmative defense or privilege that justifies the use of reasonable force to repel an imminent unlawful attack. The defense applies when the actor reasonably believes force is necessary for protection and limits the response to the degree of harm threatened.
Samuel Soto stores a loaded handgun in his nightstand drawer for protection against intruders. An armed intruder breaks in at night. Soto draws the handgun and fires a warning shot that causes the intruder to flee. Prosecutors later charge Soto with unlawful discharge, but the court dismisses because the shot was privileged se defendendo.
Serena Soto sees an armed stranger approach her porch at night and fires a single shot that kills him. She honestly believes deadly force is required even though the stranger was only seeking directions. Prosecutors charge murder, but the jury convicts only of voluntary manslaughter after finding her belief unreasonable.
Select any source to read its text and confirm it supports the definition.
Sydney Santos stands her ground when a neighbor advances with raised fists on her own front lawn. Santos pushes the neighbor away rather than stepping aside, causing minor bruises. The neighbor sues for battery, but the court finds the push privileged because Santos need not surrender her position to avoid force.
Sierra Santos faces an armed assailant who grabs her arm in a parking garage. Santos draws a licensed handgun and fires one shot into the ground, causing the assailant to release her and flee. Charged with reckless discharge, Santos is acquitted because the warning shot was a reasonable exercise of se defendendo.
Sophia Singh faces an unarmed but aggressive patron who grabs her arm in a crowded bar. Singh twists free and delivers one open-hand strike to the patron's chest, causing him to release her. The patron later sues for battery, but the court holds the single strike privileged because it matched the threat and caused no serious harm.
Solomon Silver draws a baton and holds it ready when an assailant brandishes a knife but does not advance. The display causes the assailant to back away without contact. Charged with assault, Silver is acquitted because the baton was used only to create apprehension of defensive force and no actual strike occurred.
No. An actor may stand ground and use reasonable nondeadly force to repel an imminent attack even when safe retreat is possible.
In some jurisdictions the honest but unreasonable belief reduces murder to voluntary manslaughter rather than excusing the killing entirely.
No. The actor may use only the degree of force the actor correctly or reasonably believes necessary for protection. Excess force loses the privilege.
Yes. An actor may brandish a weapon or make a threatening gesture if the sole purpose is to deter an attacker and no actual contact is intended or inflicted.
…then obtained the admission of shooting, the interrogator is advised to refer to circumstantial evidence which negates the self-defense explanation. This should enable him to secure the entire story. One text notes that "Even if he fails to do so, the inconsistency between the subject's original denial of the shooting and…