Questions regarding the legal ramifications of self-defense and use of force come up occasionally in class. We instructors try to state explicitly that we are not legal authorities, and we can only equip students with the tools to keep themselves and their loved ones safe; how they use them must be defined by the circumstances and the law as it applies to those circumstances.
Darren Levine, however, in addition to being the founder and CEO of Krav Maga Worldwide, is a prosecutor for the Los Angeles County District Attorney’s office. In the newly released book Black Belt Krav Maga, he provides an excellent chapter entitled “Use of Force: The Rules of Self-Defense”. In it, he gives a basic summary of the legal definitions and consequences relating to use of force. I encourage everyone to read it. (The book is fantastic in its entirety, but this chapter only is worth the purchase.) Massachusetts laws are a bit difficult to dig up, so I thought I would provide some links that I found:
- MA Constitution: defense of life
- MA “Castle” Doctrine (1, 2, 3)
- MA General Laws Chapter 265: Section 13A. Assault or assault and battery; punishment
- MA General Laws Chapter 265: Section 14. Mayhem; punishment
Reading through the legal jargon and twisted technicalities might be enough to make most people second-guess the use of force in any circumstance. (And it bears repeating that the old “fighting is the last option” is always true.) It’s very important to have an understanding of these issues and keep the major bullet points in mind, but we ultimately can’t pause to ponder the nuances of legality and morality in the middle of a violent encounter.
Make your defense, finish the fight, create distance.
As we instructors often tell students, if physical violence is imminent, do what you need to (within reason) in order to go home safe. In our litigious society, the unfortunate truth is that you can be sued and/or arrested for just about anything, and the burden of proof will be on you if you claim self-defense. After the physical fight is over, there may be a legal one, but you’ll be alive to face it.
Here are some other articles:
- UseofForce.us
- Legal Issues Regarding Self-Defense
- What Is Self-Defense?
- Street Psychology (See item “E. Identify Force Continuum”)
On a separate but related topic, I found these articles particularly interesting/frightening as someone with training in Filipino Martial Arts, but they are an eye-opening read for anyone who carries a pocket knife:
- Knife Fighting: A Reality Break (Marc MacYoung)
- Choosing A Knife to Carry (Marc MacYoung)
[…] preemptively strike someone else, especially with these very powerful techniques. Please review the use of force post and do your own research. Above all, exercise good […]