Is It Legal to Fight Back If Someone Hits You First?

Carl Ceder

By Daniel Taylor, Esq.

No one (or at least anyone in their right mind) goes around looking for a fight.

But sometimes, whether you’re looking for it a not, a physical confrontation may find you. If you find yourself the victim of an assault, what can you do to defend yourself without also potentially being charged with a crime?

Is it legal to fight back if someone punches you first?

Self Defense

Use of force that would otherwise be criminal in nature may be excused if it was done in self defense. Though the specific rules for self defense vary from state to state, generally, a person under an imminent threat of physical violence can act to prevent being harmed.

In a physical confrontation, self defense typically allows a person who reasonably believes he is about to be hit to defend himself. However, if you’ve already been hit, and the person who hit you indicates by words or actions that he is not going to hit you again, self defense generally does not allow you to hit that person back. Self defense may only be invoked to prevent further harm, not …read more

Source:: Law Blog

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