A criminal defendant may assert self-defense if confronted with an imminent threat of violence
The force used must be proportionate to the threat and not excessive. The law of self-defense may appear straightforward but can turn problematic when the facts are applied.
Example:
An intoxicated man verbally accosts a pedestrian walking along a street in the early evening. After exchanging a few angry words, the intoxicated man swung his wooden cane, hitting and breaking the pedestrian’s jaw.
The pedestrian hit the ground hard and was about to be hit again when he drew a gun from his jacket and shot the man dead in self-defense. The pedestrian’s harm was imminent, and the threat was real.
The pedestrian could be charged with criminal homicide. His claim will be self-defense. A prosecutor will likely plea bargain the case down to involuntary manslaughter.
