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!