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Self Defense Laws

Everybody has heard of self defense. There are self defense classes in many cities. Even though people may think they know about self defense, do they know enough, do they know the self defense laws that go along with self defense? Below are common question that are asked regarding self defense answered by Experts.

What is self defense?

Self defense is defined as the use of counter measure that entails the defense of an individuals’ property, self or the welfare of another individual from harm. The right of self defense for the use of force when in danger, as a legal explanation, exists in many jurisdictions; although, the interpretations of the right of self defense may vary widely between jurisdictions.

North Carolina law states “Shooting a deadly weapon is always considered excessive if used during a non-felonious assault”, what does this mean regarding self defense?

What the law is saying with “Shooting a deadly weapon is always excessive if used during a non-felonious assault” that use of weapon such as a gun when one person is not using non-lethal force is considered excessive. For example if a person were attacked by another individual who was just using their fists the person being attacked could not retaliate with a firearm. The use of felonious assault in the statement refers to either the likelihood of serious bodily harm or the use of deadly force.

What is the approximate sentence a person can receive when charge with attempted murder using self defense as a defense in the state of California?

Life imprisonment without parole or death is the punishment for murder under California law. Taken in that into account, an attempt is as punishable as the crime of murder. Since self defense is a complete defense for a person to be found not guilty, the jury must believe that the individual charged reasonably thought that they were in danger or bodily harm is eminent. That being said if the jury feels that the accused honest, but unreasonably thought bodily harm was eminent, then the accused can be convicted of manslaughter, which according to California Penal Code 193, carries a sentence of 3,6,or 11 years.

What weapons are considered illegal to carry for self defense in the state of California?

In the state of California there are several items that are considered illegal to carry even for self defense. Here is a list pulled from California Penal Code 12020: any firearm which is not immediately recognizable as a firearm, cane gun, wallet gun, any camouflaging firearm container, any bullet containing or carrying an explosive agent, any ammunition which contains or consists of any flechette dart, any multi-burst trigger activator, any ballistic knife, any short-barreled shotgun, any nun-chuck, any short-barreled rifle, any belt buckle knife, any metal knuckles, any zip gun, and leaded cane, any unconventional pistol, any shuriken, any cane sword, any lipstick case knife, any air gauge knife, any shobi-zue, any metal military practice hand grenade or metal replica hand-grenade, any writing pen knife, or any other weapon or instrument that may be commonly known as a slingshot, blackjack, sap, sandbag, billy or sand-club.

In the state of Wisconsin, is the imperfect self defense a defense only in cases of first degree intentional homicide or is it a defense for all homicides?

Depending on the facts of the case, it is possible that imperfect self defense can be a defense against all homicides in the state of Wisconsin. The following link will provide more information:
http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR282/282CR60.pdf

Self defense is something that all people should know about, because one never knows when they may have to use it. When a person has questions regarding self defense it best to turn to the Experts.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Over 10 years of criminal defense practice.

Recent Self Defense Questions

  • What constitutes a threat and what are a person's rights if

    What constitutes a threat and what are a person's rights if threatened? I was arrested on an assault charge for using pepper spray. While on the city sidewalk, walking past a house I stopped an unleashed, unlicensed dog from coming near me and my 2 year old grandson. The dog owner became angry, came running off the front porch yelling at me and at a distance of 5-6 feet away, I stopped him with pepper spray. Pepper spray is legal for self defense in Montana and I'm not interested in pleading guilty to assault and seeing the use of pepper spray turned into a criminal misdemeanor.
  • I am a gun owner, with a carry permit, living in Virginia.

    I am a gun owner, with a carry permit, living in Virginia. I am aware that there is a 1.000 foot no-gun zone around each school. that would seem to eliminate my right to carry a gun within that zone, were I to be walking. But what about driving by the school on the main road? Were I to have a car accident , or get stopped for speeding, would I be likely to be prosecuted for having a gun in that zone? What about if my house is 800 feet away from a school? Does that mean that I may not keep a gun in my home, in a safe, for self defense?
    George
  • I am a bit confused. I was convicted of a non violent state

    I am a bit confused. I was convicted of a non violent state jail felony in Texas. I served 9 mo. and was released in 2006. No other charges or arrests since then. How does only being able to have a firearm in my home allow me to go hunting? Also would like to know if I can purchase a firearm. On the application for the Brady check it states I should answer no to the convicted felon question if the jurisdiction where offense occurred has reinstated civil rights.
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