I don't go anywhere without my trusty 1911, but I got to thinking, what do you do if somebody walks up and starts punching you, or threatens to do so? They aren't a deadly threat, and ARS 13-411 allows for use of deadly force to prevent aggravated assault, defined in ARS 13-1204 subsection A paragraphs 1 and 2 as "the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. If the person causes serious physical injury to another. 2. If the person uses a deadly weapon or dangerous instrument."
It's pretty cut and dry if they have a weapon, but the argument could go either way if they are just looking to hit you. You'd have to be able to argue that they presented a serious threat to cause serious physical injury.
ARS 13-421 allows defensive display of a firearm "to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force."
ARS 13-404: Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force. (subsection B says you can't use force against a verbal threat or to resist lawful arrest, note that this doesn't say deadly force, just physical force.)
I'm wondering where things like tasers, collapsible batons and OC spray fit in legally. Would they be covered by 13-404 (assuming the asp is used properly and not on their head)? Or would you be better off to kill an attacker, legally speaking?
Ideally I'd just use the force to choke them or throw them down, but my midichlorian count is too low
I was taught in some LE training in another state that you want to stay one step above an assailant, but not two or more steps above, ie they pull a knife, you pull a gun. They want to punch, you pull a baton, OC, taser, etc. The idea is to use minimal force to neutralize a threat but still stay in charge.
But most of us aren't on-duty cops, so would that idea still be valid or do you have to employ equal force to a threat when not acting in the name of .gov?
Discuss.
It's pretty cut and dry if they have a weapon, but the argument could go either way if they are just looking to hit you. You'd have to be able to argue that they presented a serious threat to cause serious physical injury.
ARS 13-421 allows defensive display of a firearm "to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force."
ARS 13-404: Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force. (subsection B says you can't use force against a verbal threat or to resist lawful arrest, note that this doesn't say deadly force, just physical force.)
I'm wondering where things like tasers, collapsible batons and OC spray fit in legally. Would they be covered by 13-404 (assuming the asp is used properly and not on their head)? Or would you be better off to kill an attacker, legally speaking?
Ideally I'd just use the force to choke them or throw them down, but my midichlorian count is too low
I was taught in some LE training in another state that you want to stay one step above an assailant, but not two or more steps above, ie they pull a knife, you pull a gun. They want to punch, you pull a baton, OC, taser, etc. The idea is to use minimal force to neutralize a threat but still stay in charge.
But most of us aren't on-duty cops, so would that idea still be valid or do you have to employ equal force to a threat when not acting in the name of .gov?
Discuss.