13 Chapter 12: Legal Aspects of Self-Defense
Introduction
This chapter introduces the legal principles of self-defense, and the physical skills needed to escape from a potentially life-threatening technique such as the chokehold. We will explore the legal concept of self-defense and the boundaries within which physical force can be used lawfully to protect oneself. You will learn what it means to bring a self-defense claim in criminal cases, examining real-life scenarios when defensive actions were scrutinized in court. Practical exercises and techniques will teach you how to defend against chokeholds in various scenarios, helping you develop effective responses under physical and psychological stress. We’ll also discuss the emotional impact of being held in a chokehold and analyze how it affects one’s ability to respond within the legal parameters of self-defense. Reflective activities will encourage you to assess your personal growth and readiness, helping you respond to life-threatening situations with an understanding of what the law considers a justifiable self-defense response.
Chapter Goals
After reading this chapter, you will be able to do the following:
- Understand the general principles of the procedure and substance of a legal self-defense claim in a criminal law case.
- Discuss the various factors that can determine what is considered self-defense as defined by the legal system.
- Demonstrate how to escape from various chokeholds.
- Recognize how to calibrate your response to the level of threat presented in a situation.
- Reflect on how your ESD training has developed from managing potential threats to life-threatening situations and your ability to manage control and respond effectively.
- Incorporate ESD strategies into your daily routine.
Self-Defense and the Law
Self-defense is your right to protect yourself from harm by resisting an attack with just enough force to allow you to be safe. It is based on legislation, which can vary state by state with different exceptions, but, overall, the intent is to permit individuals to counter attacks when they reasonably believed they could be severely harmed or killed.
In most states, self-defense is justified if the following three elements are met:
- Imminent threat: The threat of danger must be immediately present and threaten death or imminent injury.
- Reasonable fear of harm: The defendant must have a reasonable fear of harm or death from the aggressor.
- Proportionate response: The defense response must be proportionate to that of the aggression. The person must use an objectively reasonable amount of force in response to their fear.
Factors to Consider When Bringing a Self-Defense Claim
Legal considerations in a self-defense claim involve various factors, and the burden of proof typically varies depending on the jurisdiction. Here are some general principles to consider:
- Presumption of innocence: In many legal systems, individuals are presumed innocent until proven guilty. If a person claims self-defense, they start with the presumption of innocence, and the burden is on the prosecution to prove otherwise.
- Affirmative defense: Self-defense is often considered an affirmative defense. This means that the accused admits to the act but argues that it was justified under the circumstances. The burden of proof then shifts to the defense to provide evidence supporting the claim.
- Reasonable belief standard: The person claiming self-defense must establish that they had a reasonable belief that the use of force was necessary to prevent imminent harm. This subjective standard is based on what the person knew or reasonably believed at the time of the incident.
- Proportional force: The use of force must be proportionate to the threat faced. The defense may need to demonstrate that the level of force used was reasonable given the circumstances.
- Retreat or stand your ground: Depending on the jurisdiction, there may be different standards regarding the duty to retreat. In stand-your-ground states like California, there is generally no obligation to retreat before using force. In other jurisdictions, the defense may need to show that retreat was not a reasonable option.
- Initial aggressor rule: If the person claiming self-defense was the initial aggressor, they might face additional challenges. Some jurisdictions limit or deny self-defense claims for individuals who started or escalated the confrontation.
- Postincident evidence: Evidence such as witness testimonies, video footage, or physical evidence may play a crucial role in supporting or challenging a self-defense claim. The defense may present this evidence to establish the justification for the use of force.
- Prosecutorial discretion: Prosecutors have the discretion to decide whether to bring charges and how to proceed. They will consider the available evidence and legal standards in determining whether a self-defense claim is valid.
The burden of proof may shift between the prosecution and the defense depending on the jurisdiction and legal standards. The person claiming self-defense must present evidence supporting their justification for the use of force. It’s essential to consult with a legal professional familiar with the specific laws in your jurisdiction for accurate advice tailored to your situation.
When Eddie transferred to a new school he joined a student club. All the members shared their contact information, and Eddie was inundated with texts from one member. The student constantly asked Eddie what he was doing and made inappropriate comments about photos Eddie had posted on his private social media account. The student made Eddie uncomfortable, so he talked to the president of the club, who dismissed Eddie’s concerns. The following semester, Eddie realized this student was in all his classes. When Eddie refused to study with the student, he left angry messages on Eddie’s phone. Eddie reported the student to the school counseling office, which opened an investigation. Still feeling unsafe, Eddie listened to his intuition and acted by telling friends and family about the student and recording any sightings and messages. When the student threatened Eddie with a knife, Eddie had a documented pattern of threatening behavior to present to authorities, and charges were filed.
The Battered Person Syndrome
In some jurisdictions, a person involved in a domestic violence situation may be able to claim self-defense even if there is no immediate harm occurring at the time of the incident. This is often referred to as the “battered woman syndrome” or “battered person syndrome.” It recognizes that individuals who have been subjected to a pattern of abuse may reasonably fear imminent harm, even if there is no specific immediate threat. Key considerations in such cases may include the following:
- Reasonable fear: The person claiming self-defense must demonstrate that they had a reasonable fear of imminent harm based on the history of abuse and the specific circumstances leading up to the incident.
- Imminent threat: While the threat may not be immediate at the time of the incident, the person claiming self-defense must establish that they believed harm was imminent due to the ongoing pattern of abuse.
- Expert testimony: Expert testimony, such as that from psychologists or domestic violence experts, may be presented to help the court understand the psychological impact of ongoing abuse and the reasonable fear of harm.
- Documentation of abuse: Records of past incidents of abuse, medical records, or other forms of documentation can strengthen the case for self-defense based on a pattern of abuse.
- Prosecutorial discretion: Prosecutors may exercise discretion in evaluating self-defense claims in domestic violence cases, considering the dynamics of abusive relationships.
It’s important to note that the acceptance of such a claim can vary by jurisdiction, and legal standards may differ. In some jurisdictions, self-defense laws explicitly recognize the concept of an ongoing threat in cases of domestic violence.
Individuals facing domestic violence situations should consult with a qualified attorney who is familiar with the laws in their jurisdiction. Legal professionals can provide guidance on how to present a self-defense case based on the history of abuse and navigate the legal system to ensure their rights are protected.
“I couldn’t believe he was interested in me!” This was Dora’s mindset when the charming and handsome upperclassman asked her out on a date. Their relationship advanced quickly as he showered her with affection and gifts. After a few months, they moved in together on campus. Because Dora’s friends told her how lucky she was to have such an attentive boyfriend, she didn’t tell them the first time he shoved her into a wall. As he became more physically violent, Dora stopped seeing her friends and family. When he threatened to harm her cat, Dora planned to leave. She pretended to be sick and, as soon as he left her alone, Dora called her mother and had her pick her and the cat up at a nearby store. Dora immediately filed a claim with the police and her school against him using the photos of her injuries and copies of threatening texts he sent her that she had kept hidden in a computer file. Dora knew the abuse was not her fault and by taking steps to get herself safe, Dora regained control of her life. In a twist, he tried to bring a claim of self-defense against Dora, but the court ruled it did not meet the elements of self-defense.
Movement Activities
Twenty-Minute Warmup
The warmup (see Chapter 1) is to be done each week before learning or practicing physical techniques. This efficient warmup routine targets the entire body by beginning with alternating cardio movement and body weight strengthening exercises followed by a series of joint mobility techniques. Always take note of how your body is feeling before you start any form of exercise by quickly scanning your body for areas of stiffness, soreness, or pain. Modify the warmup as needed and know that simply moving your body for 20 minutes, no matter how big or small, is good for your health! Again, add sit-ups with cross palm heel strikes or plank variations.
Chokeholds
As soon as you feel a hand or arm on your throat, tuck your chin and respond quickly to the threat. There are many variations to play with but practice these four to form a solid chokehold escape foundation.
From the front with room to move backward. Step into a ready stance and immediately reach up and trap both hands on theirs. As you clamp down your elbows to your sides, bring your back leg up for a front snap kick to the threat’s groin. Step down in front with the kicking leg and execute a front elbow strike to the face, followed with knee strikes; pivot to the side and follow with a kick to the threat’s knee.
Please see Video 12.1: Choke hold from front with room behind
From the front but no room behind. At the same time raise one hand straight up and pinned to the same side ear while using your other hand to reach across the threat’s two hands to trap them. Then step in front of the threat with your foot on the same side as your raised arm. Think of it as a striking motion using the entire side of your body to break the threat’s grip on your throat. Keeping your eye on the threat, immediately bring the raised arm down, leading with an elbow strike to the threat’s arm and ending with both threat’s hands pinned to your side. Follow with an elbow strike to the face, knees, and a possible pivot to the side with the threat hitting the wall.
Please see Video 12.2: Choke hold against wall
From the back with room to move. Shoot your hands back for an eye gauge, followed immediately with a double hand trap. Step back and to the side, exposing the threat’s groin to hammer-fist strikes. Execute an upward back elbow strike to the threat’s jaw and continue with elbow strikes to knees to pivot and strike to the knee.
Please see Video 12.3: Back choke hold with room in front
From the back with no room to move. Brace yourself against the wall with your head turned to one side. At the same time, lift the arm on the same side as your face straight up in the air and pinned to your ear while lowering your other arm and shoulder to create a“U-shape movement against the wall as you turn using the entire side of your body to strike across the threat’s grip and then coming down sharply with your elbow to trap their hand by grabbing onto your own clothing, and immediately start striking their face. Follow with knee strikes and do not let go until you are safe.
Please see Video 12.4: Choke hold from behind against wall
Actionable Strategies
Now that you’ve delved into the legal concept of self-defense, practicing techniques to escape life-threatening situations such as standing chokeholds, and discussing how to appropriately calibrate your response to the level of a threat, you’re equipped with valuable knowledge and skills. Now it’s time to apply these skills in practical ways that can enhance your confidence, situational awareness, and ability to protect yourself. Following are actionable strategies to help you integrate these lessons into your daily routine. Each strategy includes a clear goal and outlines how it can be specific and measurable, provide accountability, and be time-bound. Use them as a starting point, adjust them as needed, or create your own strategies to build greater resilience and personal safety.
- Practice de-escalation scenarios.
- Goal: Develop verbal and nonverbal skills to de-escalate potentially threatening situations.
- Specific: Role-play one de-escalation scenario per week, focusing on tone of voice, body language, and assertive communication.
- Measurable: Track the number of scenarios practiced and evaluate your confidence level after each session on a scale of 1–10.
- Accountability: Partner with a friend, family member, or mentor who can provide feedback on your approach and technique.
- Time-bound: Commit to practicing one scenario weekly for 6 weeks; then review improvements in your ability to stay calm and assertive.
- Strengthen your escape techniques.
- Goal: Build muscle memory for escaping standing chokeholds.
- Specific: Practice one escape technique at least three times a week, focusing on proper form and speed.
- Measurable: Time your escapes during each practice session and aim to improve your execution speed by at least 10% over 4 weeks.
- Accountability: Work with a training partner who can simulate realistic scenarios and help track your progress.
- Time-bound: Practice consistently for 1 month and reassess your confidence and effectiveness in executing the technique.
- Analyze threat levels with real-life examples.
- Goal: Improve your ability to assess and calibrate responses to varying levels of threat.
- Specific: Review news stories or hypothetical situations weekly and determine the appropriate self-defense response for each scenario.
- Measurable: Keep a log of your analyses, detailing the threat level, recommended response, and your reasoning.
- Accountability: Share your analyses with a classmate or group for discussion and constructive feedback.
- Time-bound: Commit to reviewing two scenarios per week for 1 month to strengthen your analytical and decision-making skills.
- Develop awareness of your legal rights.
- Goal: Gain a deeper understanding of self-defense laws in your area.
- Specific: Research one key aspect of self-defense law each week, such as the duty to retreat or stand-your-ground statutes.
- Measurable: Summarize your findings in a notebook or digital file, creating a personal self-defense legal guide.
- Accountability: Discuss your findings with a legal expert, instructor, or group to ensure accuracy and clarity.
- Time-bound: Complete research on at least four legal concepts over 1 month and review how they inform your self-defense planning.
- Simulate real-life situations with multiple responses.
- Goal: Prepare for varied threats by practicing a range of responses, from verbal de-escalation to physical defense.
- Specific: Create a weekly drill that includes one verbal response, one escape technique, and one environmental strategy (e.g., locating exits or identifying defensive objects).
- Measurable: Record your drills and evaluate your readiness in each category on a scale of 1–10.
- Accountability: Share video recordings or summaries of your drills with a trusted friend, classmate, or group for feedback.
- Time-bound: Perform this drill once a week for 6 weeks; then assess your versatility and preparedness.
By incorporating these strategies into your daily routine, you can build greater awareness, refine your self-defense skills, and enhance your ability to respond effectively to various situations. Adjust these practices to fit your lifestyle and continue growing your personal safety toolkit.
Key Takeaways
After engaging with this chapter, you should be able to do the following:
- Understand how self-defense is defined in the legal system.
- Recognize the importance of managing how you defend yourself in a threatening situation and its possible legal implications.
- Demonstrate proficiency in executing escape techniques from chokeholds in various positions.
- Develop advanced skills for responding to a variety of threats with changing levels of intensity.
- Increase self-awareness of how the different facets of empowerment self-defense work together to provide additional tools for responding to threats with changing levels of intensity.
- Integrate ESD strategies into your daily routine.
Resources
Branca, A. F., & Ayoob, M. (2018). The law of self defense: The indispensable guide to the armed citizen (2nd ed.). Self Defense Education.
California Legislative Counsel. (n.d.). California Penal Code, sections 197, 198.5, and 692-694. https://leginfo.legislature.ca.gov
Crocker, D., Minaker, J., & Nelund, A. (n.d.). Violence interrupted: Confronting sexual violence on university campuses. McGill-Queen’s University Press.
De Becker, G. (1997). The gift of fear and other survival signals that protect us from violence. Dell.
Horrigan, L. B. (n.d.). Select American cases on the law of self-defence. [Publisher information unavailable].
Judicial Council of California Advisory Committee on Criminal Jury Instructions. (2024). CALCRIM instructions. LexisNexis. https://www.courts.ca.gov/partners/documents/calcrim_2024_edition.pdf
Levine, D., & Whitman, J. (2016). Complete Krav Maga. Ulysses Press.
Ribeiro, S., & Howell, K. (2008). Jiu-jitsu university. Victory Bell.
Scott, R. G. (2015). California CCW handbook (2nd ed.). FPF.
Resources
Fig. 12.1: Copyright © 2021 Depositphotos/NewAfrica.
Fig. 12.2: Copyright © 2022 Depositphotos/Sim_Ira.