Use of Force: How Much Force Can I Use to Defense Myself?

Ok, first things first - A HUGE disclaimer:

This post, the documents it links to, and the contents herein (and, therein) are for informational and educational purposes ONLY. These documents, collectively, or severally, do not create an attorney client relationship. 

If you need an attorney, take the time to find the right one for you. You should not decline or accept any representation of any attorney based upon the content herein. 

This post generally discusses the ramifications under “criminal” or penal code consequences of self defense. The fact you are not facing criminal charges for use of self-defense does not mean that you cannot be civilly liable for the same - though the protections are similar.

With that out of the way…

Hey everyone, Sensei Alex Mendiola here! We all want to feel safe. Sometimes, that means thinking about how to defend ourselves if things get rough. It's a serious topic, but it's important to understand the basics, especially if you're into martial arts or even just curious about your rights. Let's break down how much force you can actually use to defend yourself, keeping things straightforward and easy to grasp. Please note: I am not a lawyer. This is not legal advice. This is based on my research and experience and is for informational purposes only. See the disclaimer above - further. 

The Philosophy of Martial Arts in Self-Defense

You might be thinking, "If I train in martial arts, I can handle myself." And that's awesome! But the philosophy behind martial arts in self-defense isn't just about takedowns and submissions. It's about using the minimum amount of force needed to stop a threat. If you're defending yourself, you’re not looking for a fight.

The Continuum of Force

There's this idea called the "continuum of force.” It means your response should match the level of threat you're facing. If someone's yelling at you, you don't go straight to throwing punches. You try to de-escalate. But if someone's about to seriously hurt you, you have the right to use more significant force to protect yourself.

Jujutsu Means Gentle Art - How to Show Compassion to an Attacker

It might sound weird, but even in self-defense, there's a principle in many martial arts, like Jujutsu (which literally means "gentle art"), about not causing unnecessary harm. It's about controlling the situation and stopping the threat, not about beating someone senseless. The goal is to get to safety. This takes practice…. A lot of practice.

Situations Where Self-Defense Is Justified

So when is it okay to use force? Here are some common situations where self-defense is generally considered justified (please remember the above-disclaimers).

Home Invasion

Your home is your castle. If someone breaks in, you usually have the right to use force to protect yourself and your family inside. The law often gives you more leeway here because of the inherent danger. The legal standard is “fear of death or great bodily injury.”

It may be prudent to research “home castle” laws in your state (also called “stand your ground”). 26 states currently have these protections enacted, and allow you to “stand your ground,” in the case when someone breaks into your home. 

Preventing a Violent Felony

If you see someone trying to commit a serious crime like rape or armed robbery, you're usually justified in using reasonable force to stop them (remember, always, prevention of death or great bodily harm). 

You're preventing significant harm to someone. Also beware, when you engage in these situations, you could be held liable for injuries caused civilly. So, be sure to weigh the situation, knife point mugging, ok. Intervening in a shouting match? Maybe call the police instead and monitor the situation. 

Defending Against Bodily Injury

If someone is physically attacking you and you believe you're in danger of getting hurt, you can use physical force to defend yourself. Again, the force needs to be appropriate for the threat. 

Protection of Others

It's not just about protecting yourself. If you see someone else being attacked and they can't protect themselves, you can step in and use reasonable force to help them. Be careful! You do not know the situation and may mistakenly make things worse. When in doubt, call for help.

When Facing Deadly Force

This is the most serious situation. If someone is threatening you with something that could kill you or cause serious injury (like a weapon), you may be justified in using deadly force to protect yourself.

What Is Reasonable Force?

This is the million-dollar question, right? "Reasonable force" is the key phrase here. It (generally) means using the amount of force that's necessary to stop the threat and prevent further harm. It is a case-by-case evaluation, considering the subjective circumstances around you. 

It's not about getting revenge or teaching someone a lesson. 

Think about it this way: if someone shoves you, you can't just pull out a weapon. Your response needs to match the threat. Remember! - claiming self-defense is admitting you used force on another person. In fact, many times you will be charged or at least interviewed as though you are being charged. 

When Self-Defense Crosses the Line Into Assault

This is super important. Self-defense can turn into assault if you go too far. Here's when that happens:

Using Excessive Force Beyond What Is Necessary

Like we talked about, if you use way more force than needed to stop the threat, you could be charged with assault. Imagine someone pushes you, and you break their arm. That might be seen as excessive. Keep in mind that even if it’s on camera or there are witnesses, it’s really hard to prove you didn’t cross that line.

Continuing to Use Force After the Threat Has Been Neutralized

Once the person who was attacking you is no longer a threat – maybe they've been restrained or they're running away – you have to stop using force. Continuing to hit them at that point could be considered assault.

Escalation of the Situation Without Immediate Threat

If you start a fight or use force when there's no immediate danger, you can't claim self-defense. Self-defense is about reacting to a threat, not creating one.

FAQs About Self-Defense

• If someone just yells at me, can I punch them? Probably not. Yelling usually doesn't justify physical force. You need to feel like you're in imminent danger of physical harm (the legal standard is in immediate apprehension of an imminent harmful or offensive contact).

• What if I'm trained in martial arts? Does that change things? Yes-and-no. You still need to use reasonable force. Your training might mean you can control a situation with less force, which is actually a good thing! 

However - it is important to know, once you achieve a certain degree of prominence, you may have a higher standard of care. Meaning, presuming you could have controlled the situation with less force, you may be presumed to be responsible to use less force. 

E.g., if you could have used a guidance or lead technique to subdue the person, but you lead them into a strike which knocks them unconscious, you could face liability for use of disproportionate force.

• Do I have to run away if someone attacks me? In many places, you have the right to "stand your ground" and don't have a legal duty to retreat if you're in a place you have a right to be. However, it's always a good idea to avoid a fight if you can safely do so.

• If I hurt my attacker, will I automatically go to jail? Not necessarily. If you acted in reasonable self-defense, it's a valid legal defense. However, the situation will be investigated. 

In some situations, you could, however, be detained, or arrested, and then have to assert the defense in court. The police are not “tryers of fact”, but, if they feel you were clearly in the right, it’s unlikely you will be arrested. 

FAQs About Koyashi Dojo

• What kind of martial arts do you teach at Koyashi Dojo? We specialize in a traditional Japanese Jujutsu called Hakko Denshin Ryu.

• Is Koyashi Dojo a good place to learn self-defense? Absolutely! Our training focuses on practical self-defense techniques that emphasize control and de-escalation, in line with legal principles of reasonable force.

• Do I need to be in good shape to start training at Koyashi Dojo? Not at all! Our classes are designed for all fitness levels. We'll help you build strength and skills at your own pace.

• How do I sign up for classes at Koyashi Dojo? Reach out to me via our contact form. Classes are starting soon, but if you’d like to try it out I’m happy to schedule a special session.

Understanding how much force you can use in self-defense is crucial for staying safe and out of legal trouble. Remember, it's about using what's necessary to stop the threat, not about going overboard. Stay safe out there!

Anxiety Reduction Through Martial Arts: Finding Your Inner Peace

Hey everyone, Sensei Alex Mendiola here! Let's talk about something we all deal with at some point: anxiety. Life throws curveballs, and sometimes, it feels like our brains are stuck in overdrive. But guess what? There's a powerful and ancient way to find some calm: martial arts.

You might picture intense fight scenes from movies, but martial arts is so much more than kicking and punching. It's a journey of self-discovery, and it's seriously good for your mental health.

Why Martial Arts? More Than Just a Workout

We all know exercise is great for the body, but martial arts takes it a step further. It's a workout for your mind too! Here's how:

1. Stress? Punch It Out (Figuratively!)

Think about it: when you're focused on learning a new move or practicing a form, you're not thinking about that stressful email, upcoming deadline, like/follows on your last post, or the fight you had with your friend/partner/colleague. Martial arts helps you:

• Practice mindfulness: Deep breathing and focused movements calm your mind.

• Release endorphins: That post-workout buzz is real, and it fights stress like a champ.

• Build mental resilience: Learning to handle pressure in the dojo helps you handle it in life.

2. Finding Your Purpose and Confidence

Anxiety can make you feel lost or unsure of yourself. Martial arts helps you:

• Set and achieve goals: Each new belt or technique is a win!

• Build a community: You're not alone; you're part of a supportive group.

• Discover your inner strength: You're tougher than you think!

3. Emotional Regulation: Mastering Your Mind

Ever feel like your emotions are running the show? Martial arts helps you:

• Control aggression: Channel that energy into something positive.

• Develop assertiveness: Stand up for yourself calmly and confidently.

• Increase emotional stability: Stay grounded, even when things get tough.

4. Self-Esteem: Believe in Yourself

Challenges are a part of martial arts, and overcoming them builds serious confidence. 

5. Personal Development: Grow and Evolve

Martial arts is a journey of self-improvement. It helps you:

• Identify mental blocks: Face your fears and push past them.

• Make positive changes: Take what you learn in the dojo and apply it to your life.

Actionable Tips: Getting Started

Ready to give it a try? Here's what you can do:

• Find a local dojo: Look for a place with a welcoming atmosphere.

• Try a beginner class: Don't be intimidated; everyone starts somewhere.

• Be consistent: The benefits come with regular practice.

• Remember it is not a cure all: If you have distressing emotional experiences that affect your ability to function, consider talking to a licensed mental health professional. 

FAQs About Martial Arts Mental Health

Q: Can martial arts really reduce anxiety?

A: Yes! The combination of physical activity, mindfulness, and mental training can significantly reduce stress and anxiety.

Q: Is martial arts a substitute for therapy?

A: While it's incredibly helpful, it's not a replacement for professional mental health treatment. If you're struggling, please seek help from a therapist.

Q: What martial art is best for anxiety?

A: It depends on your preference! Many styles, like Taekwondo, Judo, Jiu-Jitsu, and Karate, offer mental health benefits. Try a few and see what clicks.

Q: Are martial arts classes for everyone?

A: Absolutely! Classes can be tailored to all ages and fitness levels.

FAQs About Koyashi Dojo

Q: What styles of Martial Arts do you teach at Koyashi Dojo?

A: At Koyashi Dojo we teach Hakko Denshin Ryu Jujutsu - a traditional Japanese martial art focusing on using the strength of aggressors to defend against attacks.

Q: Are there classes for beginners?

A: Yes! We welcome students of all levels, and we have dedicated beginner classes.

Q: Does Koyashi Dojo offer private lessons?

A: Yes, we do! We offer private lessons for those seeking personalized instruction.

Q: Where is Koyashi Dojo located?

A: Koyashi Dojo is located inside Premier Martial Arts 3530 Park Ave Blvd. Mount Pleasant, SC 29466.

Wrapping Up

Martial arts is a powerful tool for anxiety reduction and personal growth. It's more than just a sport; it's a way of life. So, take a deep breath, step onto the mat, and discover your inner peace.

Remember, you've got this!

-Sensei Mendiola.

Finding peace in practice

The Power of Sharing Your Passions

We live in stressful times. Worries at work, struggles at home, conflict with colleagues, friends, or partner consume us. For some, loneliness or fear of missing out plague our waking minds. The endless scroll of content further exacerbates our anxious condition. It's a common human experience. But there's a simple, yet profound solution: share your passions.

For me, the dojo is a sanctuary. The moment I step onto the mat, my world narrows. My focus shifts entirely to my training partner, our shared goal of mastering our techniques. In that focused moment, the weight of the world seems to lift. The worries that once consumed me fade into the background, replaced by a sense of calm and clarity.

This isn't unique to martial arts. Whether it's painting, playing an instrument, gardening, or coding, the act of sharing your knowledge and skills can have a transformative effect. This is a holdover from my time as a classroom teacher. Those moments when I was able to enlighten or surprise my students were what kept me coming back day after day. When we teach others, we're not just imparting information; we're also connecting with them on a deeper level. This connection fosters a sense of community and belonging, which can be incredibly soothing.

Here's why sharing your passions can help alleviate stress:

• Mindfulness: When you're fully engaged in an activity, your mind becomes more present. You're less likely to dwell on past mistakes or future worries. It also improves cognitive function, increased performance at work, and can lead to better overall health outcomes. (Charness et al., 2024)

• Purpose: Sharing your knowledge gives you a sense of purpose. Knowing that you're helping others can boost your self-esteem and overall well-being. (Burrow et al., 2024)

• Stress Relief: Engaging in creative and physical activities can reduce stress hormones like cortisol. (Liu, 2024)

• Social Connection: Sharing your passions can help you build stronger relationships with others.

So, the next time you're feeling overwhelmed, remember the power of sharing. Whether it's teaching a class, mentoring a colleague, or simply sharing your hobby with a friend, take a moment to connect with others through your passions. You'll be surprised at how much it can improve your mental and emotional health.

What are your passions? How do you share them with others? Share your thoughts and experiences in the comments below.

References:

1. Burrow, A. L., Hill, P. L., Stanley, M., & Sumner, R. (2024). The role of purpose in the stress process: A homeostatic account. Journal of Research in Personality, 108, 104444. https://doi.org/10.1016/j.jrp.2023.104444

2. Charness, G., Le Bihan, Y., & Villeval, M. C. (2024). Mindfulness training, cognitive performance and stress reduction. Journal of Economic Behavior & Organization, 217, 207–226. https://doi.org/10.1016/j.jebo.2023.10.027

3. Liu, J. (2024). Effects of martial arts participation among college students psychological stress. International Journal of Education and Humanities, 12(1), 318–327. https://doi.org/10.54097/etcq9z44