The 5 Elements of Self-Defense Law

Attorney Andrew Branca has distilled the self-defense laws in all USA 50 states. He says, “There are at most 5 elements to any self-defense case (and often not even that many). That’s true in every one of the 50 states, and all US territories.”

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Be sure you adhere to them if you believe you are honestly and reasonably confronted by a situation where you need to prevent an immediate, otherwise unavoidable danger of death, great bodily harm (generally considered a crippling or disfiguring injury), or, in some states, sexual assault to yourself or another innocent person you have the right to protect.

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The 5 Elements of Self-Defense Law are:

  • Innocence
  • Imminence (ability, opportunity, jeopardy [manifest intent])
  • Proportionality
  • Avoidance
  • Reasonableness (subjective and objective)