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To: ~Kim4VRWC's~
a general definition from your law.com site...

self-defense n. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. Self-defense is a common defense by a person accused of assault, battery or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force. Examples: an unarmed man punches Allen Alibi, who hits the attacker with a baseball bat. That is legitimate self-defense, but Alibi cannot chase after the attacker and shoot him or beat him senseless. If the attacker has a gun or a butcher knife and is verbally threatening, Alibi is probably warranted in shooting him. Basically, appropriate self-defense is judged on all the circumstances. Reasonable force can also be used to protect property from theft or destruction. Self-defense cannot include killing or great bodily harm to defend property, unless personal danger is also involved, as is the case in most burglaries, muggings or vandalism.

76 posted on 03/12/2002 3:50:16 PM PST by evad
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To: evad
The thing you have to remember is, every state has different laws. That's why it is real important to get a copy of your state laws and even better, have an attny help you interpret them...so you know what you can and cannot do.

To STAY ON TOPIC...If a PEDOPHILE entered your home while you were sleeping..and say you woke up while he/she was in your hallway, you need to know what your laws allow for self-defense. IE:Firearms. So by calling your state rep, they will at your request for free, send you all pertinant laws regarding that topic.

78 posted on 03/12/2002 3:56:17 PM PST by Freedom2specul8
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To: evad
Ok, Fresno, I'll get back on topic in a second. (Really, does it matter? The thread'll be gone soon anyway, so Evad copy this over to a safe place.) A recent case from the Maryland Supreme Court gives a good description of the law in your state:

[T]raditional self-defense, is a complete defense to a charge of criminal homicide--murder or manslaughter--and, if credited by the trier of fact, results in an acquittal. The elements, or requirements, of that defense . . . are:

"(1) The accused must have had reasonable grounds to believe himself in apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant;

(2) The accused must have in fact believed himself in this danger;

(3) The accused claiming the right of self-defense must not have been the aggressor or provoked the conflict; and

(4) The force used must have not been unreasonable and excessive, that is, the force must not have been more force than the exigency demanded."

State v. Marr, 765 A.2d 645 (Md. 2001). Marr has a lot more to say about the law of self defense, so you should probably get a copy if you want to know the nuances of Maryland law. And of course, if you're really planning on shooting someone, consult a lawyer who practices criminal law in your state.

87 posted on 03/12/2002 4:05:45 PM PST by Amore
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