Litigated a self defense case?

S

sliplock

Joined
Feb 14, 2003
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Has anyone here litigated a case where a client/defendant used a knife in self defense, caused injury, and then claimed justification as a legal defense?

If so, what was the outcome of the case, and what were the issues?

I suspect that a lot of what we hear about "court proof" knives and important legal factors is speculation -- it might be well-reasoned speculation (as I hope mine is), but I wonder if anyone has actual experience with this issue?

(Please omit simple possession of a weapon cases, as these are all TOO familiar).

Thanks,
Seth
 
I'm not an attorney, but I'm familiar with hundreds of self defense cases.

Generally, if there were multiple attackers, an armed attacker, or a significant "disparity of force" AND the victim had attempted to retreat, or was attacked by an intruder in their own home, self defense would be accepted as an affirmative defense.

Two men get in a fight, one pulls a knife and uses it in self defense, he's probably going to jail if the other guy was unarmed -- even if he's much larger. Unfair, but consider that nearly every criminal or drunk who injures someone in a fight claims "self defense" -- even if they started it.
 
self defense can be tricky. especially if a weapon is used. tyr is correct re: size disparity, multiple attackers, etc. its difficult to argue self defense against an unarmed attacker unless you believe he/she is armed, ie reaching for a weapon.

not a lawyer either, but as an leo i can tell you that i am not required to respond to force with equal force. if a suspect wants to fight, im pulling a stick or oc. he pulls a knife, i break leather.
 
<<I'm familiar with hundreds of self defense cases>>

involving knives in the hands of the good guys?

I am only aware of a few.
 
where there was great disparity of force, and the knife was small and innocuous, not bad (legally).

otherwise, I hear mostly about plea deals to possession of a weapon, even when the use of force may have been justified.
 
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