Can you use lethal force on someone that is not armed?

[Yoder]

What if someone attacks you that is not armed are you allowed to defend yourself? I'm not a real big guy so if someone say 6'4 comes at me I'm thinking there's a good chance I'm going to end up in the hospital or dead. Do you have to take a beating before you draw? Do they have to say "I'm going to kill you"? I'm sure this has been brought up before, but I couldn't find anything. Thanks.

[LittleRedToyota]

that is not an easy question to answer. it will depend on the specific circumstances.

there is a concept known as "disparity of force" that says it is possible for one human being to be in mortal danger from another unarmed human being...which would justify the use of deadly force in self defense (an obvious example would be a 90 year old wheelchair bound grandmother being attacked by a 260lb NFL linebacker).

i think, though, that, for the most part, such a situation would lead to some very anxious moments waiting for the jury to come back with their verdict...what the verdict would be would depend on the circumstances of the case...how good the DA is vs. how good your lawyer is...the judge...who is on the jury, etc. etc.

i would suggest doing some research on "disparity of force".

[TRB]

Like everything, it depends.

In the situation you've outlined the answer is: probably. It is called disparity of force. It is recognized that the 6'4" young man can harm the 5'6" older man. But if the 6'4" man is an unarmed 76 year old and the 5'6" man is 35 years old the answer is probably not.

And always, the question of who is the aggressor will figure into it. If he comes rushing out of his house with a stick while you are taking an evening stroll you're probably o.k. If you're standing on the sidewalk questioning his ancestry and some of his life choices at 95dB, probably not.

Clear?

Obviously, IANAL.

[knight0334]

What if someone attacks you that is not armed are you allowed to defend yourself? I'm not a real big guy so if someone say 6'4 comes at me I'm thinking there's a good chance I'm going to end up in the hospital or dead. Do you have to take a beating before you draw? Do they have to say "I'm going to kill you"? I'm sure this has been brought up before, but I couldn't find anything. Thanks.

You flee first.. when you can no longer flee or retreat, you fend off the attacker as much as you can without deadly force.. once you can no longer fend off the attack, and you are in fear of life or limb - use of deadly force may be in order then.

Legally, its a CYA thing to do everything possible to avoid using deadly force. Run before fist fighting, fist fighting before weapons, weapons as last resort.

The aggressor needs not have a weapon - just that he has to be actually causing harm and that level of harm being deadly or cause serious bodily injury - disparity of force is what I think its called.

A 300lb muscle man sitting on a 100lb man, beating the little guy in the head continuously even after the little guy has passed out is very likely a life/limb situation. Down south a black motorist that violated funeral RoW was pulled over by one the cops escorting the precession. The black man took the cop down and was on top of him beating the LEO. The LEO fired X number of shots into the motorist, but it took a bystander's 45acp(?) to the motorist head to stop the attack. ...the black motorist was unarmed, but beat the LEO to the point he could no longer fend for himself - thus allowing deadly force.

[rspowers]

I know someone who killed another person by punching them one time. The person fell, hit their head on the floor and died. So if someone is trying to fight you, is there a chance you could die? Yes. If someone is attacking you, is there a chance you can die? Yes. i have also seen some really bad head injuries as the result of one punch, so if someone is going to attack you and you have no other choice, then it might be justified. Remember, when someone is mad they are usually out of control, especially if drinking/drugs are involved. There is no telling what someone could do. They might punch you and once you are on the ground just keep going. As the other poster said, it will depend on many variables, so you should use your best judgement as the situation calls. Also, always try to run away. If you are smart about it, you can most times, avoid altercation altogether.

[Yoder]

I understand what you are saying, but it amazes me you might have to get beat half to death before you shoot. What if you drew on them to deter them from attacking you? Would that be legal?

[knight0334]

Depends on the area perhaps..

Its not deadly force until you pull the trigger, even by law in PA - look up the definitions. ...but some more liberal areas may see things differently.

It would be an act of force because of the physical and psychological leverage you would command by pointing a weapon at them.

[WhiteFeather]

If you believe in your heart they are going to murder you or your family, use whatever amount of force that you have to stop their attack and sitting in jail, after you spent your life saving trying to justify your actions, you will have lots of time to reflect on your question and decisions or even second guess your choices.

Or you could make it your mission in life right now to do what ever it take to help get the castle doctrine passed in PA, (hb 641) to mitigate some of these potential problems that confront everyone now.

[knight0334]

If you believe in your heart they are going to murder you or your family, use whatever amount of force that you have to stop their attack and sitting in jail, after you spent your life saving trying to justify your actions, you will have lots of time to reflect on your question and decisions or even second guess your choices.

Or you could make it your mission in life right now to do what ever it take to help get the castle doctrine passed in PA, (hb 641) to mitigate some of these potential problems that confront everyone now.

We already have castle doctrine(no duty to flee in one's home).. we need a Stand Your Ground provision.

[GetSome]

Or you could make it your mission in life right now to do what ever it take to help get the castle doctrine passed in PA, (hb 641) to mitigate some of these potential problems that confront everyone now.

yes...yes.... yes......