Pin

The new year has arrived, and if you’ve been following the news, you know that many changes are taking place. Speculation about how these changes will affect our daily lives is widespread. Some believe civil unrest may be on the horizon as frustration grows among people who are typically peaceful. While I don’t buy into the fearmongering pushed by most news outlets, it’s hard not to consider: What would I do if “IT” hits the fan?

But let’s not focus solely on extreme scenarios. Everyday life presents enough potential threats to warrant consideration of how prepared you are to defend yourself and your loved ones. There are many ways to enhance personal safety, and using a firearm should never be the first option. Rather, it should be a last resort, reserved for situations where you or others face an immediate threat of serious harm. If you ever find yourself forced to use a firearm in self-defense or in defense of another, it’s crucial to understand the legal principles governing the use of deadly force. Knowing these rules could mean the difference between being justified in your actions or facing serious legal consequences.

Conflict Avoidance

Avoid

It is known in the industry that the best defense against a threat or violent encounter is to avoid it altogether. Avoiding a conflict is the only guaranteed method of survival. This being said, you should not put yourself in further danger or at risk to avoid a violent encounter. Just steer clear of the conflict. Examples of avoidance include choosing to walk down a well- lit street rather than cutting through a dark alley, even if it takes longer to reach your destination. Safely walking away from a heated argument, such as a verbal argument that is likely to escalate into becoming a physical altercation. Avoiding blind corners where an attacker could be waiting is also a simple but effective habit to develop. Being proactive about avoiding dangerous situations is the only foolproof way to stay safe.

Escape

If something looks or feels wrong, just leave. Like avoiding, escape can also mean that you walk away from a confrontational situation. If you find yourself in an unavoidable situation such as being inside a store during a robbery, don’t try to be a hero. Your priority should be getting you and your loved ones to a safe area. However, if you are responsible for others who cannot escape, you may have to make a difficult decision about whether to stay or leave. Assessing the environment is crucial. When entering a room, you should notice available exits, barriers, or possible hiding spots which can make the difference between successfully evading danger and being trapped. Remaining calm and collected during high-stress situations can improve your ability to make rational decisions. If escape is not immediately possible, finding a secure place to take cover and staying out of sight can buy time until authorities arrive or the threat subsides. Teaching your loved ones, especially children, to recognize emergency exits and stay low in dangerous situations can further enhance your ability to escape effectively.

Defend

When avoidance or escape are not options, you may have to defend yourself. Defending yourself does not always mean using a firearm. You may still have other options. You should be aware of all available tools and tactics that can help you stay safe. In most cases if you are in a verbal conflict, your soft skills like verbal de-escalation of the situation may allow you to avoid conflict. If the conflict becomes physical and your assailant is unarmed and similar in size, build, and ability, using deadly force may be seen as excessive.

You will need to use your critical thinking skills to justify use of force. Whether it’s a firearm, knife or blunt object be sure that it is appropriate to defend yourself given the situation.

Personal situational awareness will help you realize when you may be walking into a dangerous environment.  This can mean the difference from being a victim or a survivor of a violent attack. Maintaining situational awareness is the first step in conflict avoidance. Remaining in a state of “Condition Yellow” means you are constantly aware of your surroundings, which may allow you the time to make a life saving decision.

Use of Force

Deciding to use deadly force is a life-or-death decision that carries significant consequences. Unfortunately, you may only have seconds to act and make the decision whether to use your firearm. Understanding the legal requirements for justified use of force is essential not only for your safety but also for the legal aftermath. There are basic rules that govern the use of force that you have to be aware of. Learning and understanding these rules and how a jury of your peers understand them may make a difference when you may be judged.

Immediate fear of death or great bodily harm

The threat must be immediate and serious enough that that a reasonable person would fear death, bodily harm or a life threatening injury. This is a lot to digest. To make it simple, if you feel that your life is in immediate danger and there is no avoiding the threat it is reasonable to defend yourself with equal or greater force. This DOES NOT mean that you can use deadly force. For example, if you are in a road rage scenario and someone walks up to your vehicle with a pistol pointed at you, a reasonable person would feel that they are in immediate danger and use of deadly force may be a reasonable response. If that person does not engage and walks away, you cannot use deadly force afterwards as the immediate threat no longer exist.

Must be an innocent party

You cannot be seen as the person who initiated or escalated the situation. In the same road rage scenario, if you were the aggressor whether it was through aggressive driving or verbal insults, a jury may find that you were not an innocent party. Especially if you had the ability to drive away to totally avoid the conflict.

No lessor force is available

This means if you can avoid deadly force you are obligated to do so. In the road rage scenario, if that person walks up to your vehicle shouting obscenities, waving their empty hands around, the use of deadly force may not be considered reasonable. As previously mentioned, you will need to use your critical thinking skills to properly access the situation. In the same scenario, if that person had a bottle in their hands approaching your vehicle, is a deadly force a reasonable response? Could you have driven off? Could you keep your windows up and call 911? These are questions you must consider before drawing your weapon. If a non-lethal means of de-escalation or defense is available, you are generally required to use it before resorting to deadly force.

Must not have a reasonable way to retreat or escape

Remember, the guaranteed way to survive a conflict is to avoid it altogether. What to consider when attempting to retreat or escape is whether doing so puts you in greater danger. In the road rage scenario, if escaping from the approaching threat means you would have to enter oncoming traffic this may place you in greater danger from a possible head on collision. Some states have “Castle Doctrine” or “Stand your ground” laws that allows one to right to stand their ground and not retreat. You will need to understand your state laws and your rights. However, consider that surviving a threat does not only mean live or death at the moment. It also means surviving the aftermath. If you decide to use deadly force, you take the risk of being judged by your peers who will have hours or days to decide whether your quick decision was reasonable.

Defending Your Home

Conflict avoidance should be considered whether you are in your home or out in public. The decision to use deadly force when in your home should also be taken when deciding to defend yourself. You must consider whether the actions you take are those of a reasonable person. Consider that you are in your home and hear a crash in the middle of the night and discover there is an intruder. Would a reasonable person lock their door and call 911? Or would they go searching for the intruder inviting a potential deadly conflict. Your first action should be to lock yourself in a safe place. However, this scenario changes if you have children or other loved ones in the home who may be in danger. In such case taking defensive action may be necessary.

Again, you should be familiar with your state laws when it comes to defending your home and property. These laws vary by state and may apply differently depending on whether an incident occurs inside your home, in your garage, or involves someone attempting to steal your property. It is your responsibility to fully understand the legal boundaries of self-defense in your state.

Conclusion

Avoiding conflict is always the best strategy, and de-escalation or escape should be prioritized whenever possible. However, there may be times when self-defense, including the use of deadly force, is necessary. Understanding the legal principles governing self-defense is crucial, as split-second decisions can have life-altering consequences. Your actions will be judged not only in the moment but also in the aftermath by law enforcement, prosecutors, and potentially a jury. True preparedness is not just about having the right tools but also the right mindset. The goal is not to win a fight but to avoid one altogether. Stay aware, stay informed, and make decisions that ensure the safest outcome for yourself and those around you.

Related Articles