Self Defense Laws
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:
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.