Self Defense

What Is Self-Defense?

Self-defense is a broad and often misunderstood term.   Let’s start by defining what self-defense is, and when you have the right to claim it.  Self-defense, in legal terms, refers to the right of an individual to protect themselves from harm or danger through the use of reasonable force.  It is a legal doctrine that allows individuals to use force, including deadly force in some circumstances, to defend themselves or others from imminent harm or threat of harm.

The Key Elements Typically Required to Establish a Valid Claim of Self-Defense Include:

  • Imminence: The threat must be immediate and imminent.  The individual must reasonably believe that they are in immediate danger of harm.
  • Proportionality: The force used in self-defense must be proportional to the threat faced.  In other words, the individual can only use the amount of force necessary to repel the threat.
  • Reasonableness: The individual’s belief that force is necessary for self-defense must be objectively reasonable under the circumstances.  This is determined based on what a reasonable person in the same situation would believe.
  • Avoidance: In some jurisdictions, there may be a requirement to retreat or attempt to retreat from the threat if it is safe to do so, before resorting to the use of force.  This is known as the duty to retreat.
  • Subjective Belief: The individual must genuinely believe that the use of force is necessary to protect themselves or others from harm.  This subjective belief is assessed based on the individual’s perception of the situation at the time.

The specifics of self-defense laws can vary between jurisdictions, and different jurisdictions may have different standards or requirements for establishing a valid claim of self-defense. Additionally, self-defense is often evaluated on a case-by-case basis, taking into account the specific facts and circumstances of each situation.

First let’s discuss the difference between ordinary physical force and deadly physical force.   The difference between ordinary physical force and lethal deadly force lies in the level of harm they are capable of inflicting and the circumstances under which they are justified, here’s a breakdown of each.

Physical Force

Difference Between Ordinary Physical Force and Lethal Deadly Force

 

Ordinary Physical Force:

  • Ordinary physical force refers to actions or measures taken by an individual to defend themselves or others that do not pose a significant risk of causing death or serious bodily harm.
  • Examples of ordinary physical force may include pushing, grabbing, restraining, or striking with non-lethal objects such as fists or open hands.
  • The use of ordinary physical force is typically justified in situations where there is a reasonable belief of imminent harm or threat, and it is necessary to protect oneself or others from that harm.

Deadly Force

Lethal Deadly Force:

  • Lethal deadly force involves actions or measures that are likely to cause death or serious bodily harm to another person.
  • Examples of lethal deadly force may include the use of firearms, knives, or other weapons capable of inflicting fatal injuries.
  • The use of lethal deadly force is generally considered to be a last resort and is justified only in situations where there is an imminent threat of death or serious injury to oneself or others, and there are no reasonable alternatives available to neutralize the threat.
  • Laws regarding the use of lethal deadly force often impose stricter standards and may require that individuals exhaust all other reasonable means of self-defense before resorting to deadly force.

Common Situations Where Self-Defense May Be Used

Self-defense can vary widely, but some of the most common examples where self-defense may be needed include:

  • Physical Assault: This includes situations where someone is physically attacked, whether it’s a punch, kick, grab, or other forms of physical aggression.
  • Robbery or Theft: Being confronted by someone attempting to steal your belongings or money, often involving threats or violence.
  • Sexual Assault or Harassment: Instances where someone is threatened with or subjected to unwanted sexual advances, groping, or assault.
  • Home Invasion: When someone unlawfully enters your home with the intent to commit a crime, potentially putting you or your family in danger.
  • Road Rage Incidents: Altercations that occur while driving, which can escalate into physical confrontations.
  • Domestic Violence: Situations involving violence or threats of violence within intimate relationships or familial settings.
  • Mugging: Attacks aimed at stealing personal belongings, often in public places such as streets or parks.
  • Bullying: Instances where individuals are targeted for harassment or physical aggression, particularly in school or workplace environments.
  • Stalking: Persistent unwanted attention or harassment, which may escalate into physical violence.
  • Random Acts of Violence: Unprovoked attacks by strangers in public places.

 

The Benefits of Self-Defense Coverage from a Law Firm

There are several potential benefits to having self-defense insurance coverage from a law firm rather than an insurance company:

  1. No Insurance Company Restrictions: Self-defense insurance plans offered by law firms may not be subject to the same restrictions and limitations imposed by insurance companies. This can result in more freedom for the law firm to advocate for your rights and interests without being bound by insurance company policies.
  2. Direct Access to Attorneys: With a law firm-backed self-defense insurance plan, you typically have direct access to attorneys who specialize in self-defense cases. This direct communication can ensure prompt and personalized legal advice tailored to your specific situation.
  3. Confidentiality and Privilege: By working directly with attorneys from a law firm, you benefit from attorney-client confidentiality and privilege, which may not always apply when dealing with insurance company representatives.
  4. Legal Expertise: Law firms offering self-defense insurance often specialize in criminal defense and have extensive experience in handling cases related to self-defense. This expertise can be invaluable in navigating the legal complexities of self-defense situations.
  5. Customized Legal Strategies: Law firms may offer more flexibility in crafting legal strategies tailored to your individual circumstances. They can provide personalized advice and representation based on the unique details of your case.

Overall, having self-defense insurance coverage from a law firm can provide you with access to specialized legal expertise, personalized support, and a greater degree of flexibility in navigating the legal complexities of self-defense situations.

 

Attorneys On Retainer

Why Choose Attorneys On Retainer for Your Self-Defense Coverage?

The Attorneys On Retainer program, unlike typical self-defense plans, operates independently from insurance companies.  It is a retainer agreement with the Attorneys for Freedom Law Firm, affording flexibility beyond the constraints faced by insurance-backed programs.  Rather than being bound by the limitations of insurance policies, our program operates as a direct attorney-client fee agreement.

While some concealed carry insurance providers promise substantial financial support following a self-defense incident, their reliance on insurance backing often results in policy exclusions that may lead to coverage denial.

Members have the advantage of knowing who’s going to represent them, and who their attorney will be.  By joining one of the Attorneys On Retainer plans, you will be a client of the law firm.  The plans also include coverage for:

  • Criminal acts.
  • Use of illegal weapons.
  • Self-defense within gun-free zones (sensitive areas).
  • Possessing an invalid or expired CCW permit.
  • Impaired judgment due to drugs or alcohol.
  • Negligent discharge.
  • Domestic violence.
  • Prohibited possessor status.

The AOR program is available in all 5o states and includes, bail bond coverage, expert witness fees, investigator fees, and retrial coverage. The plans cover both criminal and civil defense as well as all additional court costs and related expenses. Click here to see a full list of benefits and coverage.  Furthermore, members also receive discounted legal services for non-self-defense criminal and civil matters.

Criteria for Coverage

The Attorneys On Retainer Program offers legal coverage for individuals confronted with criminal charges, whether felony or misdemeanor, on the condition that the actions prompting these charges were taken in self-defense or defense of others. This coverage applies specifically to incidents occurring after enrollment in the program, ensuring members receive legal support when needed most.

What Is Self-Defense

If a member finds themself in a self-defense situation, and they’re facing potential criminal charges, Attorneys On Retainer will have their back.  The criteria for coverage is simple: if something happens after you join us and you acted in self-defense, we will represent through trial at no cost.  Our team of lawyers will support you every step of the way, giving you the peace of mind you deserve.  When it comes to protecting your rights, Attorneys On Retainer isn’t just a choice—it’s the one you need.

Ready to join? Becoming a member is quick and easy: Sign up For Attorneys On Retainer

AOR

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