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Does South carolina have a self-defense law

 
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Customer Question

I am being threatened by someone and I have filed a warrant with the police what happens if I have to defend myself?

 

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garnett, South Carolina

Submitted: 2245 days and 2 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Expert:  Attorney & Mediator replied2245 days and 2 hours ago.

Yes all states permit self-defense; and it is asserted by someone charged with a crime of violence, such as battery (striking someone), assault with a deadly weapon or murder. The defendant admits that she did in fact commit the crime, but claims that it was justified by the other person's threatening actions. The issues in most self-defense cases are:

1) Who was the aggressor?
2) Was the defendant's belief that self-defense was necessary a reasonable one?
3) If so, was the force used by the defendant also reasonable?

Self-defense is in the belief that people should be allowed to protect themselves from physical harm. This means that a person does not have to wait until she is actually struck to act in self-defense. If a reasonable person would think that she is about to be physically attacked, she has the right to strike first and prevent the attack. But she cannot use more force than is reasonable-if she does, she may be guilty of a crime.


Therefore if you are faced with possible harm or threat of harm and you have no wait out to escape the harm, you can defend yourself by exerting only reasonable force under the circumstances.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

 
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