Self‐Defense

Abstract The right of self‐defense is recognized in every state. Generally speaking, the defendant who acts in self‐defense must honestly and reasonably believe that it is necessary to use force to counter an imminent, unlawful attack, and the force he uses must be proportionate to the force threatened. If the defendant is the initial aggressor or provokes the encounter, he loses the right to act in self‐defense unless he withdraws from the affray and successfully communicates his withdrawal to the victim.

The defense of self‐defense requires necessity, imminence, an unlawful attack, proportionality, and no initial aggressors.